H5416 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

not paying their Federal taxes and 

they want employment here, they 

should not be employed as Federal 

workers. 

We have a duty and an obligation. 

This is a billion dollar problem in 

search of a solution. This is the solution. We should do so in a bipartisan 

way. 

And with that, I urge the adoption of 

this bill. 

I yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Utah (Mr. 

CHAFFETZ) that the House suspend the 

rules and pass the bill, H.R. 828, as 

amended. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. CHAFFETZ. Mr. Speaker, on 

that I demand the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

HONORING AMERICA’S VETERANS 

AND CARING FOR CAMP 

LEJEUNE FAMILIES ACT OF 2012 

Mr. MILLER of Florida. Mr. Speaker, 

I move to suspend the rules and concur 

in the Senate amendments to the bill 

(H.R. 1627) to amend title 38, United 

States Code, to provide for certain requirements for the placement of monuments in Arlington National Cemetery, 

and for other purposes. 

The Clerk read the title of the bill. 

The text of the Senate amendments 

is as follows: 

Senate amendments: 

Strike all after the enacting clause and 

insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as 

the ‘‘Honoring America’s Veterans and Caring 

for Camp Lejeune Families Act of 2012’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States 

Code. 

Sec. 3. Scoring of budgetary effects. 

TITLE I—HEALTH CARE MATTERS 

Sec. 101. Short title. 

Sec. 102. Hospital care and medical services for 

veterans stationed at Camp 

Lejeune, North Carolina. 

Sec. 103. Authority to waive collection of copayments for telehealth and telemedicine visits of veterans. 

Sec. 104. Temporary expansion of payments and 

allowances for beneficiary travel 

in connection with veterans receiving care from Vet Centers. 

Sec. 105. Contracts and agreements for nursing 

home care. 

Sec. 106. Comprehensive policy on reporting 

and tracking sexual assault incidents and other safety incidents. 

Sec. 107. Rehabilitative services for veterans 

with traumatic brain injury. 

Sec. 108. Teleconsultation and telemedicine. 

Sec. 109. Use of service dogs on property of the 

Department of Veterans Affairs. 

Sec. 110. Recognition of rural health resource 

centers in Office of Rural Health. 

Sec. 111. Improvements for recovery and collection of amounts for Department of 

Veterans Affairs Medical Care 

Collections Fund. 

Sec. 112. Extension of authority for copayments. 

Sec. 113. Extension of authority for recovery of 

cost of certain care and services. 

TITLE II—HOUSING MATTERS 

Sec. 201. Short title. 

Sec. 202. Temporary expansion of eligibility for 

specially adapted housing assistance for certain veterans with disabilities causing difficulty with 

ambulating. 

Sec. 203. Expansion of eligibility for specially 

adapted housing assistance for 

veterans with vision impairment. 

Sec. 204. Revised limitations on assistance furnished for acquisition and adaptation of housing for disabled veterans. 

Sec. 205. Improvements to assistance for disabled veterans residing in housing 

owned by a family member. 

Sec. 206. Department of Veterans Affairs housing loan guarantees for surviving 

spouses of certain totally disabled 

veterans. 

Sec. 207. Occupancy of property by dependent 

child of veteran for purposes of 

meeting occupancy requirement 

for Department of Veterans Affairs housing loans. 

Sec. 208. Making permanent project for guaranteeing of adjustable rate mortgages. 

Sec. 209. Making permanent project for insuring hybrid adjustable rate mortgages. 

Sec. 210. Waiver of loan fee for individuals with 

disability ratings issued during 

pre-discharge programs. 

Sec. 211. Modification of authorities for enhanced-use leases of real property. 

TITLE III—HOMELESS MATTERS 

Sec. 301. Enhancement of comprehensive service 

programs. 

Sec. 302. Modification of authority for provision of treatment and rehabilitation to certain veterans to include 

provision of treatment and rehabilitation to homeless veterans 

who are not seriously mentally ill. 

Sec. 303. Modification of grant program for 

homeless veterans with special 

needs. 

Sec. 304. Collaboration in provision of case 

management services to homeless 

veterans in supported housing 

program. 

Sec. 305. Extensions of previously fully funded 

authorities affecting homeless veterans. 

TITLE IV—EDUCATION MATTERS 

Sec. 401. Aggregate amount of educational assistance available to individuals 

who receive both survivors’ and 

dependents’ educational assistance and other veterans and related educational assistance. 

Sec. 402. Annual reports on Post-9/11 Educational Assistance Program and 

Survivors’ and Dependents’ Educational Assistance Program. 

TITLE V—BENEFITS MATTERS 

Sec. 501. Automatic waiver of agency of original jurisdiction review of new evidence. 

Sec. 502. Authority for certain persons to sign 

claims filed with Secretary of Veterans Affairs on behalf of claimants. 

Sec. 503. Improvement of process for filing jointly for social security and dependency and indemnity compensation. 

Sec. 504. Authorization of use of electronic communication to provide notice to 

claimants for benefits under laws 

administered by the Secretary of 

Veterans Affairs. 

Sec. 505. Duty to assist claimants in obtaining 

private records. 

Sec. 506. Authority for retroactive effective date 

for awards of disability compensation in connection with applications that are fully-developed at 

submittal. 

Sec. 507. Modification of month of death benefit 

for surviving spouses of veterans 

who die while entitled to compensation or pension. 

Sec. 508. Increase in rate of pension for disabled veterans married to one another and both of whom require 

regular aid and attendance. 

Sec. 509. Exclusion of certain reimbursements of 

expenses from determination of 

annual income with respect to 

pensions for veterans and surviving spouses and children of 

veterans. 

TITLE VI—MEMORIAL, BURIAL, AND 

CEMETERY MATTERS 

Sec. 601. Prohibition on disruptions of funerals 

of members or former members of 

the Armed Forces. 

Sec. 602. Codification of prohibition against reservation of gravesites at Arlington 

National Cemetery. 

Sec. 603. Expansion of eligibility for presidential memorial certificates to 

persons who died in the active 

military, naval, or air service. 

Sec. 604. Requirements for the placement of 

monuments in Arlington National 

Cemetery. 

TITLE VII—OTHER MATTERS 

Sec. 701. Assistance to veterans affected by natural disasters. 

Sec. 702. Extension of certain expiring provisions of law. 

Sec. 703. Requirement for plan for regular assessment of employees of Veterans 

Benefits Administration who handle processing of claims for compensation and pension. 

Sec. 704. Modification of provision relating to 

reimbursement rate for ambulance 

services. 

Sec. 705. Change in collection and verification 

of veteran income. 

Sec. 706. Department of Veterans Affairs enforcement penalties for misrepresentation of a business concern as 

a small business concern owned 

and controlled by veterans or as a 

small business concern owned and 

controlled by service-disabled veterans. 

Sec. 707. Quarterly reports to Congress on conferences sponsored by the Department. 

Sec. 708. Publication of data on employment of 

certain veterans by Federal contractors. 

Sec. 709. VetStar Award Program. 

Sec. 710. Extended period of protections for 

members of uniformed services relating to mortgages, mortgage 

foreclosure, and eviction. 

SEC. 2. REFERENCES TO TITLE 38, UNITED 

STATES CODE. 

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal 

of, a section or other provision, the reference 

shall be considered to be made to a section or 

other provision of title 38, United States Code. 


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SEC. 3. SCORING OF BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-AsYou-Go-Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary 

Effects of PAYGO Legislation’’ for this Act, submitted for printing in the Congressional Record 

by the Chairman of the Senate Budget Committee, provided that such statement has been 

submitted prior to the vote on passage. 

TITLE I—HEALTH CARE MATTERS 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Janey 

Ensminger Act’’. 

SEC. 102. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS STATIONED AT 

CAMP LEJEUNE, NORTH CAROLINA. 

(a) HOSPITAL CARE AND MEDICAL SERVICES

FOR VETERANS.— 

(1) IN GENERAL.—Paragraph (1) of section 

1710(e) is amended by adding at the end the following new subparagraph: 

‘‘(F) Subject to paragraph (2), a veteran who 

served on active duty in the Armed Forces at 

Camp Lejeune, North Carolina, for not fewer 

than 30 days during the period beginning on 

January 1, 1957, and ending on December 31, 

1987, is eligible for hospital care and medical 

services under subsection (a)(2)(F) for any of 

the following illnesses or conditions, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such service: 

‘‘(i) Esophageal cancer. 

‘‘(ii) Lung cancer. 

‘‘(iii) Breast cancer. 

‘‘(iv) Bladder cancer. 

‘‘(v) Kidney cancer. 

‘‘(vi) Leukemia. 

‘‘(vii) Multiple myeloma. 

‘‘(viii) Myleodysplasic syndromes. 

‘‘(ix) Renal toxicity. 

‘‘(x) Hepatic steatosis. 

‘‘(xi) Female infertility. 

‘‘(xii) Miscarriage. 

‘‘(xiii) Scleroderma. 

‘‘(xiv) Neurobehavioral effects. 

‘‘(xv) Non-Hodgkin’s lymphoma.’’. 

(2) LIMITATION.—Paragraph (2)(B) of such 

section is amended by striking ‘‘or (E)’’ and inserting ‘‘(E), or (F)’’. 

(b) FAMILY MEMBERS.— 

(1) IN GENERAL.—Subchapter VIII of chapter 

17 is amended by adding at the end the following new section: 

‘‘§ 1787. Health care of family members of veterans stationed at Camp Lejeune, North 

Carolina 

‘‘(a) IN GENERAL.—Subject to subsection (b), a 

family member of a veteran described in subparagraph (F) of section 1710(e)(1) of this title 

who resided at Camp Lejeune, North Carolina, 

for not fewer than 30 days during the period described in such subparagraph or who was in 

utero during such period while the mother of 

such family member resided at such location 

shall be eligible for hospital care and medical 

services furnished by the Secretary for any of 

the illnesses or conditions described in such subparagraph, notwithstanding that there is insufficient medical evidence to conclude that such 

illnesses or conditions are attributable to such 

residence. 

‘‘(b) LIMITATIONS.—(1) The Secretary may 

only furnish hospital care and medical services 

under subsection (a) to the extent and in the 

amount provided in advance in appropriations 

Acts for such purpose. 

‘‘(2) Hospital care and medical services may 

not be furnished under subsection (a) for an illness or condition of a family member that is 

found, in accordance with guidelines issued by 

the Under Secretary for Health, to have resulted 

from a cause other than the residence of the 

family member described in that subsection. 

‘‘(3) The Secretary may provide reimbursement 

for hospital care or medical services provided to 

a family member under this section only after 

the family member or the provider of such care 

or services has exhausted without success all 

claims and remedies reasonably available to the 

family member or provider against a third party 

(as defined in section 1725(f) of this title) for 

payment of such care or services, including with 

respect to health-plan contracts (as defined in 

such section).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 

1786 the following new item: 

‘‘1787. Health care of family members of veterans 

stationed at Camp Lejeune, North 

Carolina.’’. 

(c) ANNUAL REPORTS.— 

(1) IN GENERAL.—Not later than December 31 

of each of 2013, 2014, and 2015, the Secretary of 

Veterans Affairs shall submit to the Committee 

on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the care and services 

provided under sections 1710(e)(1)(F) and 1787 of 

title 38, United States Code (as added by subsections (a) and (b)(1), respectively). 

(2) ELEMENTS.—Each report under paragraph 

(1) shall set forth the following: 

(A) The number of veterans and family members provided hospital care and medical services 

under the provisions of law specified in paragraph (1) during the period beginning on October 1, 2012, and ending on the date of such report. 

(B) The illnesses, conditions, and disabilities 

for which care and services have been provided 

such veterans and family members under such 

provisions of law during that period. 

(C) The number of veterans and family members who applied for care and services under 

such provisions of law during that period but 

were denied, including information on the reasons for such denials. 

(D) The number of veterans and family members who applied for care and services under 

such provisions of law and are awaiting a decision from the Secretary on eligibility for such 

care and services as of the date of such report. 

(d) EFFECTIVE DATE.— 

(1) IN GENERAL.—The provisions of this section 

and the amendments made by this section shall 

take effect on the date of the enactment of this 

Act. 

(2) APPLICABILITY.—Subparagraph (F) of section 1710(e)(1) of such title, as added by subsection (a), and section 1787 of title 38, United 

States Code, as added by subsection (b)(1), shall 

apply with respect to hospital care and medical 

services provided on or after the date of the enactment of this Act. 

SEC. 103. AUTHORITY TO WAIVE COLLECTION OF 

COPAYMENTS FOR TELEHEALTH 

AND TELEMEDICINE VISITS OF VETERANS. 

(a) IN GENERAL.—Subchapter III of chapter 17 

is amended by inserting after section 1722A the 

following new section: 

‘‘§ 1722B. Copayments: waiver of collection of 

copayments for telehealth and telemedicine 

visits of veterans 

‘‘The Secretary may waive the imposition or 

collection of copayments for telehealth and telemedicine visits of veterans under the laws administered by the Secretary.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 

1722A the following new item: 

‘‘1722B. Copayments: waiver of collection of copayments for telehealth and telemedicine visits of veterans.’’. 

SEC. 104. TEMPORARY EXPANSION OF PAYMENTS 

AND ALLOWANCES FOR BENEFICIARY TRAVEL IN CONNECTION 

WITH VETERANS RECEIVING CARE 

FROM VET CENTERS. 

(a) IN GENERAL.—Beginning one year after 

the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a 

three-year initiative to assess the feasibility and 

advisability of paying under section 111(a) of 

title 38, United States Code, the actual necessary expenses of travel or allowances for travel from a residence located in an area that is 

designated by the Secretary as highly rural to 

the nearest Vet Center and from such Vet Center to such residence. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after 

the date of the completion of the initiative, the 

Secretary shall submit to Congress a report on 

the findings of the Secretary with respect to the 

initiative required by subsection (a). 

(2) ELEMENTS.—The report required by paragraph (1) shall include the following: 

(A) A description of the individuals who benefitted from payment under the initiative. 

(B) A description of any impediments to the 

Secretary in paying expenses or allowances 

under the initiative. 

(C) A description of any impediments encountered by individuals in receiving such payments. 

(D) An assessment of the feasibility and advisability of paying such expenses or allowances. 

(E) An assessment of any fraudulent receipt of 

payment under the initiative and the recommendations of the Secretary for legislative or 

administrative action to reduce such fraud. 

(F) Such recommendations for legislative or 

administrative action as the Secretary considers 

appropriate with respect to the payment of expenses or allowances as described in subsection 

(a). 

(c) VET CENTER DEFINED.—In this section, the 

term ‘‘Vet Center’’ means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, 

United States Code. 

SEC. 105. CONTRACTS AND AGREEMENTS FOR 

NURSING HOME CARE. 

(a) CONTRACTS.—Section 1745(a) is amended— 

(1) in paragraph (1), by striking ‘‘The Secretary shall pay each State home for nursing 

home care at the rate determined under paragraph (2)’’ and inserting ‘‘The Secretary shall 

enter into a contract (or agreement under section 1720(c)(1) of this title) with each State home 

for payment by the Secretary for nursing home 

care provided in the home’’; and 

(2) by striking paragraph (2) and inserting the 

following new paragraph (2): 

‘‘(2) Payment under each contract (or agreement) between the Secretary and a State home 

under paragraph (1) shall be based on a methodology, developed by the Secretary in consultation with the State home, to adequately reimburse the State home for the care provided by 

the State home under the contract (or agreement).’’. 

(b) AGREEMENTS.—Section 1720(c)(1)(A) is 

amended— 

(1) in clause (i), by striking ‘‘; and’’ and inserting a semicolon; 

(2) in clause (ii), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following new 

clause: 

‘‘(iii) a provider of services eligible to enter 

into a contract pursuant to section 1745(a) of 

this title that is not otherwise described in 

clause (i) or (ii).’’. 

(c) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by 

this section shall apply to care provided on or 

after the date that is 180 days after the date of 

the enactment of this Act. 

(2) MAINTENANCE OF PRIOR METHODOLOGY OF

REIMBURSEMENT FOR CERTAIN STATE HOMES.—In 

the case of a State home that provided nursing 

home care on the day before the date of the enactment of this Act for which the State home 

was eligible for pay under section 1745(a)(1) of 

title 38, United States Code, at the request of 

any State home, the Secretary shall offer to 

enter into a contract (or agreement described in 

such section) with such State home under such 


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H5418 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

section, as amended by subsection (a), for payment for nursing home care provided by such 

State home under such section that reflects the 

overall methodology of reimbursement for such 

care that was in effect for such State home on 

the day before the date of the enactment of this 

Act. 

SEC. 106. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT INCIDENTS AND OTHER SAFETY INCIDENTS. 

(a) POLICY.—Subchapter I of chapter 17 is 

amended by adding at the end the following: 

‘‘§ 1709. Comprehensive policy on reporting 

and tracking sexual assault incidents and 

other safety incidents 

‘‘(a) POLICY REQUIRED.—(1) Not later than 

September 30, 2012, the Secretary shall develop 

and implement a centralized and comprehensive 

policy on the reporting and tracking of sexual 

assault incidents and other safety incidents that 

occur at each medical facility of the Department, including— 

‘‘(A) suspected, alleged, attempted, or confirmed cases of sexual assault, regardless of 

whether such assaults lead to prosecution or 

conviction; 

‘‘(B) criminal and purposefully unsafe acts; 

‘‘(C) alcohol or substance abuse related acts 

(including by employees of the Department); 

and 

‘‘(D) any kind of event involving alleged or 

suspected abuse of a patient. 

‘‘(2) In developing and implementing a policy 

under paragraph (1), the Secretary shall consider the effects of such policy on— 

‘‘(A) the use by veterans of mental health care 

and substance abuse treatments; and 

‘‘(B) the ability of the Department to refer 

veterans to such care or treatment. 

‘‘(b) SCOPE.—The policy required by subsection (a) shall cover each of the following: 

‘‘(1) For purposes of reporting and tracking 

sexual assault incidents and other safety incidents, definitions of the terms— 

‘‘(A) ‘safety incident’; 

‘‘(B) ‘sexual assault’; and 

‘‘(C) ‘sexual assault incident’. 

‘‘(2)(A) The development and use of specific 

risk-assessment tools to examine any risks related to sexual assault that a veteran may pose 

while being treated at a medical facility of the 

Department, including clear and consistent 

guidance on the collection of information related to— 

‘‘(i) the legal history of the veteran; and 

‘‘(ii) the medical record of the veteran. 

‘‘(B) In developing and using tools under subparagraph (A), the Secretary shall consider the 

effects of using such tools on the use by veterans of health care furnished by the Department. 

‘‘(3) The mandatory training of employees of 

the Department on security issues, including 

awareness, preparedness, precautions, and police assistance. 

‘‘(4) The mandatory implementation, use, and 

regular testing of appropriate physical security 

precautions and equipment, including surveillance camera systems, computer-based panic 

alarm systems, stationary panic alarms, and 

electronic portable personal panic alarms. 

‘‘(5) Clear, consistent, and comprehensive criteria and guidance with respect to an employee 

of the Department communicating and reporting 

sexual assault incidents and other safety incidents to— 

‘‘(A) supervisory personnel of the employee 

at— 

‘‘(i) a medical facility of the Department; 

‘‘(ii) an office of a Veterans Integrated Service 

Network; and 

‘‘(iii) the central office of the Veterans Health 

Administration; and 

‘‘(B) a law enforcement official of the Department. 

‘‘(6) Clear and consistent criteria and guidelines with respect to an employee of the Department referring and reporting to the Office of Inspector General of the Department sexual assault incidents and other safety incidents that 

meet the regulatory criminal threshold prescribed under sections 901 and 902 of this title. 

‘‘(7) An accountable oversight system within 

the Veterans Health Administration that includes— 

‘‘(A) systematic information sharing of reported sexual assault incidents and other safety 

incidents among officials of the Administration 

who have programmatic responsibility; and 

‘‘(B) a centralized reporting, tracking, and 

monitoring system for such incidents. 

‘‘(8) Consistent procedures and systems for 

law enforcement officials of the Department 

with respect to investigating, tracking, and closing reported sexual assault incidents and other 

safety incidents. 

‘‘(9) Clear and consistent guidance for the 

clinical management of the treatment of sexual 

assaults that are reported more than 72 hours 

after the assault. 

‘‘(c) UPDATES TO POLICY.—The Secretary 

shall review and revise the policy required by 

subsection (a) on a periodic basis as the Secretary considers appropriate and in accordance 

with best practices. 

‘‘(d) ANNUAL REPORT.—(1) Not later than 60 

days after the date on which the Secretary develops the policy required by subsection (a) and 

not later than October 1 of each year thereafter, 

the Secretary shall submit to the Committee on 

Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of 

the policy. 

‘‘(2) The report required by paragraph (1) 

shall include— 

‘‘(A) the number and type of sexual assault 

incidents and other safety incidents reported by 

each medical facility of the Department; 

‘‘(B) a detailed description of the implementation of the policy required by subsection (a), including any revisions made to such policy from 

the previous year; and 

‘‘(C) the effectiveness of such policy on improving the safety and security of the medical 

facilities of the Department, including the performance measures used to evaluate such effectiveness.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding after the item relating to section 

1708 the following new item: 

‘‘1709. Comprehensive policy on reporting and 

tracking sexual assault incidents 

and other safety incidents.’’. 

(c) INTERIM REPORT.—Not later than 30 days 

after the date of the enactment of this Act, the 

Secretary of Veterans Affairs shall submit to the 

Committee on Veterans’ Affairs of the Senate 

and the Committee on Veterans’ Affairs of the 

House of Representatives a report on the development of the policy required by section 1709 of 

title 38, United States Code, as added by subsection (a). 

SEC. 107. REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY. 

(a) REHABILITATION PLANS AND SERVICES.— 

Section 1710C is amended— 

(1) in subsection (a)(1), by inserting before the 

semicolon the following: ‘‘with the goal of maximizing the individual’s independence’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘(and sustaining improvement 

in)’’ after ‘‘improving’’; 

(ii) by inserting ‘‘behavioral,’’ after ‘‘cognitive,’’; 

(B) in paragraph (2), by inserting ‘‘rehabilitative services and’’ before ‘‘rehabilitative components’’; and 

(C) in paragraph (3)— 

(i) by striking ‘‘treatments’’ the first place it 

appears and inserting ‘‘services’’; and 

(ii) by striking ‘‘treatments and’’ the second 

place it appears; and 

(3) by adding at the end the following new 

subsection: 

‘‘(h) REHABILITATIVE SERVICES DEFINED.—For 

purposes of this section, and sections 1710D and 

1710E of this title, the term ‘rehabilitative services’ includes— 

‘‘(1) rehabilitative services, as defined in section 1701 of this title; 

‘‘(2) treatment and services (which may be of 

ongoing duration) to sustain, and prevent loss 

of, functional gains that have been achieved; 

and 

‘‘(3) any other rehabilitative services or supports that may contribute to maximizing an individual’s independence.’’. 

(b) REHABILITATION SERVICES IN COMPREHENSIVE PROGRAM FOR LONG-TERM REHABILITATION.—Section 1710D(a) is amended— 

(1) by inserting ‘‘and rehabilitative services 

(as defined in section 1710C of this title)’’ after 

‘‘long-term care’’; and 

(2) by striking ‘‘treatment’’. 

(c) REHABILITATION SERVICES IN AUTHORITY

FOR COOPERATIVE AGREEMENTS FOR USE OF

NON-DEPARTMENT FACILITIES FOR REHABILITATION.—Section 1710E(a) is amended by inserting 

‘‘, including rehabilitative services (as defined 

in section 1710C of this title),’’ after ‘‘medical 

services’’. 

(d) TECHNICAL AMENDMENT.—Section 

1710C(c)(2)(S) of title 38, United States Code, is 

amended by striking ‘‘opthamologist’’ and inserting ‘‘ophthalmologist’’. 

SEC. 108. TELECONSULTATION AND TELEMEDICINE. 

(a) TELECONSULTATION.— 

(1) IN GENERAL.—Subchapter I of chapter 17, 

as amended by section 106(a), is further amended by adding at the end the following new section: 

‘‘§ 1709A. Teleconsultation 

‘‘(a) TELECONSULTATION.—(1) The Secretary 

shall carry out an initiative of teleconsultation 

for the provision of remote mental health and 

traumatic brain injury assessments in facilities 

of the Department that are not otherwise able to 

provide such assessments without contracting 

with third-party providers or reimbursing providers through a fee basis system. 

‘‘(2) The Secretary shall, in consultation with 

appropriate professional societies, promulgate 

technical and clinical care standards for the use 

of teleconsultation services within facilities of 

the Department. 

‘‘(3) In carrying out an initiative under paragraph (1), the Secretary shall ensure that facilities of the Department are able to provide a 

mental health or traumatic brain injury assessment to a veteran through contracting with a 

third-party provider or reimbursing a provider 

through a fee basis system when— 

‘‘(A) such facilities are not able to provide 

such assessment to the veteran without— 

‘‘(i) such contracting or reimbursement; or 

‘‘(ii) teleconsultation; and 

‘‘(B) providing such assessment with such 

contracting or reimbursement is more clinically 

appropriate for the veteran than providing such 

assessment with teleconsultation. 

‘‘(b) TELECONSULTATION DEFINED.—In this 

section, the term ‘teleconsultation’ means the 

use by a health care specialist of telecommunications to assist another health care provider in 

rendering a diagnosis or treatment.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 17 is amended 

by inserting after the item relating to section 

1709, as added by section 106(b), the following 

new item: 

‘‘1709A. Teleconsultation.’’. 

(b) TRAINING IN TELEMEDICINE.— 

(1) IN GENERAL.—The Secretary of Veterans 

Affairs shall, to the extent feasible, offer medical residents opportunities in training in telemedicine for medical residency programs. The 

Secretary shall consult with the Accreditation 

Council for Graduate Medical Education and 


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with universities with which facilities of the Department have a major affiliation to determine 

the feasibility and advisability of making telehealth a mandatory component of medical residency programs. 

(2) TELEMEDICINE DEFINED.—In this subsection, the term ‘‘telemedicine’’ means the use 

by a health care provider of telecommunications 

to assist in the diagnosis or treatment of a patient’s medical condition. 

SEC. 109. USE OF SERVICE DOGS ON PROPERTY 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS. 

Section 901 is amended by adding at the end 

the following new subsection: 

‘‘(f)(1) The Secretary may not prohibit the use 

of a covered service dog in any facility or on 

any property of the Department or in any facility or on any property that receives funding 

from the Secretary. 

‘‘(2) For purposes of this subsection, a covered 

service dog is a service dog that has been 

trained by an entity that is accredited by an appropriate accrediting body that evaluates and 

accredits organizations which train guide or 

service dogs.’’. 

SEC. 110. RECOGNITION OF RURAL HEALTH RESOURCE CENTERS IN OFFICE OF 

RURAL HEALTH. 

Section 7308 is amended by adding at the end 

the following new subsection: 

‘‘(d) RURAL HEALTH RESOURCE CENTERS.—(1) 

There are, in the Office, veterans rural health 

resource centers that serve as satellite offices for 

the Office. 

‘‘(2) The veterans rural health resource centers have purposes as follows: 

‘‘(A) To improve the understanding of the Office of the challenges faced by veterans living in 

rural areas. 

‘‘(B) To identify disparities in the availability 

of health care to veterans living in rural areas. 

‘‘(C) To formulate practices or programs to enhance the delivery of health care to veterans living in rural areas. 

‘‘(D) To develop special practices and products for the benefit of veterans living in rural 

areas and for implementation of such practices 

and products in the Department systemwide.’’. 

SEC. 111. IMPROVEMENTS FOR RECOVERY AND 

COLLECTION OF AMOUNTS FOR DEPARTMENT OF VETERANS AFFAIRS 

MEDICAL CARE COLLECTIONS FUND. 

(a) DEVELOPMENT AND IMPLEMENTATION OF

PLAN FOR RECOVERY AND COLLECTION.— 

(1) IN GENERAL.—Not later than 270 days after 

the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a plan to ensure the recovery and collection of amounts under the provisions of law 

described in section 1729A(b) of title 38, United 

States Code, for deposit in the Department of 

Veterans Affairs Medical Care Collections Fund. 

(2) ELEMENTS.—The plan required by paragraph (1) shall include the following: 

(A) An effective process to identify billable fee 

claims. 

(B) Effective and practicable policies and procedures that ensure recovery and collection of 

amounts described in section 1729A(b) of such 

title. 

(C) The training of employees of the Department, on or before September 30, 2013, who are 

responsible for the recovery or collection of such 

amounts to enable such employees to comply 

with the process required by subparagraph (A) 

and the policies and procedures required by subparagraph (B). 

(D) Fee revenue goals for the Department. 

(E) An effective monitoring system to ensure 

achievement of goals described in subparagraph 

(D) and compliance with the policies and procedures described in subparagraph (B). 

(b) MONITORING OF THIRD-PARTY COLLECTIONS.—The Secretary shall monitor the recovery and collection of amounts from third parties 

(as defined in section 1729(i) of such title) for 

deposit in such fund. 

SEC. 112. EXTENSION OF AUTHORITY FOR COPAYMENTS. 

Section 1710(f)(2)(B) is amended by striking 

‘‘September 30, 2012’’ and inserting ‘‘September 

30, 2013’’. 

SEC. 113. EXTENSION OF AUTHORITY FOR RECOVERY OF COST OF CERTAIN CARE AND 

SERVICES. 

Section 1729(a)(2)(E) is amended by striking 

‘‘October 1, 2012’’ and inserting ‘‘October 1, 

2013’’. 

TITLE II—HOUSING MATTERS 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Andrew 

Connelly Veterans Housing Act’’. 

SEC. 202. TEMPORARY EXPANSION OF ELIGIBILITY FOR SPECIALLY ADAPTED 

HOUSING ASSISTANCE FOR CERTAIN 

VETERANS WITH DISABILITIES CAUSING DIFFICULTY WITH AMBULATING. 

(a) IN GENERAL.—Paragraph (2) of section 

2101(a) is amended to read as follows: 

‘‘(2)(A) A veteran is described in this paragraph if the veteran— 

‘‘(i) is entitled to compensation under chapter 

11 of this title for a permanent and total serviceconnected disability that meets any of the criteria described in subparagraph (B); or 

‘‘(ii) served in the Armed Forces on or after 

September 11, 2001, and is entitled to compensation under chapter 11 of this title for a permanent service-connected disability that meets the 

criterion described in subparagraph (C). 

‘‘(B) The criteria described in this subparagraph are as follows: 

‘‘(i) The disability is due to the loss, or loss of 

use, of both lower extremities such as to preclude locomotion without the aid of braces, 

crutches, canes, or a wheelchair. 

‘‘(ii) The disability is due to— 

‘‘(I) blindness in both eyes, having only light 

perception, plus (ii) loss or loss of use of one 

lower extremity. 

‘‘(iii) The disability is due to the loss or loss 

of use of one lower extremity together with— 

‘‘(I) residuals of organic disease or injury; or 

‘‘(II) the loss or loss of use of one upper extremity, 

which so affect the functions of balance or propulsion as to preclude locomotion without the 

aid of braces, crutches, canes, or a wheelchair. 

‘‘(iv) The disability is due to the loss, or loss 

of use, of both upper extremities such as to preclude use of the arms at or above the elbows. 

‘‘(v) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary). 

‘‘(C) The criterion described in this subparagraph is that the disability— 

‘‘(i) was incurred on or after September 11, 

2001; and 

‘‘(ii) is due to the loss or loss of use of one or 

more lower extremities which so affects the 

functions of balance or propulsion as to preclude ambulating without the aid of braces, 

crutches, canes, or a wheelchair.’’. 

(b) EFFECTIVE DATE.—The amendment made 

by subsection (a) shall take effect on October 1, 

2012. 

(c) SUNSET.—Subsection (a) of section 2101 is 

amended— 

(1) in paragraph (1), by striking ‘‘to paragraph (3)’’ and inserting ‘‘to paragraphs (3) and 

(4)’’; and 

(2) by adding at the end the following new 

paragraph: 

‘‘(4) The Secretary’s authority to furnish assistance under paragraph (1) to a disabled veteran described in paragraph (2)(A)(ii) shall 

apply only with respect to applications for such 

assistance approved by the Secretary on or before September 30, 2013.’’. 

SEC. 203. EXPANSION OF ELIGIBILITY FOR SPECIALLY ADAPTED HOUSING ASSISTANCE FOR VETERANS WITH VISION 

IMPAIRMENT. 

(a) IN GENERAL.—Paragraph (2) of section 

2101(b) is amended to read as follows: 

‘‘(2) A veteran is described in this paragraph 

if the veteran is entitled to compensation under 

chapter 11 of this title for a service-connected 

disability that meets any of the following criteria: 

‘‘(A) The disability is due to blindness in both 

eyes, having central visual acuity of 20/200 or 

less in the better eye with the use of a standard 

correcting lens. For the purposes of this subparagraph, an eye with a limitation in the fields 

of vision such that the widest diameter of the 

visual field subtends an angle no greater than 

20 degrees shall be considered as having a central visual acuity of 20/200 or less. 

‘‘(B) A permanent and total disability that includes the anatomical loss or loss of use of both 

hands. 

‘‘(C) A permanent and total disability that is 

due to a severe burn injury (as so determined).’’. 

(b) EFFECTIVE DATE.—The amendment made 

by subsection (a) shall take effect on October 1, 

2012. 

SEC. 204. REVISED LIMITATIONS ON ASSISTANCE 

FURNISHED FOR ACQUISITION AND 

ADAPTATION OF HOUSING FOR DISABLED VETERANS. 

(a) IN GENERAL.—Subsection (d) of section 

2102 is amended to read as follows: 

‘‘(d)(1) The aggregate amount of assistance 

available to an individual under section 2101(a) 

of this title shall be limited to $63,780. 

‘‘(2) The aggregate amount of assistance 

available to an individual under section 2101(b) 

of this title shall be limited to $12,756. 

‘‘(3) No veteran may receive more than three 

grants of assistance under this chapter.’’. 

(b) EFFECTIVE DATE.—The amendments made 

by subsection (a) shall take effect on the date 

that is one year after the date of the enactment 

of this Act and shall apply with respect to assistance provided under sections 2101(a), 2101(b), 

and 2102A of title 38, United States Code, after 

such date. 

(c) MAINTENANCE OF HIGHER RATES.—The 

amendment made by subsection (a) shall not be 

construed to decrease the aggregate amount of 

assistance available to an individual under the 

sections described in subsection (b), as most recently increased by the Secretary pursuant to 

section 2102(e) of such title. 

SEC. 205. IMPROVEMENTS TO ASSISTANCE FOR 

DISABLED VETERANS RESIDING IN 

HOUSING OWNED BY A FAMILY MEMBER. 

(a) INCREASED ASSISTANCE.—Subsection (b) of 

section 2102A is amended— 

(1) in paragraph (1), by striking ‘‘$14,000’’ and 

inserting ‘‘$28,000’’; and 

(2) in paragraph (2), by striking ‘‘$2,000’’ and 

inserting ‘‘$5,000’’. 

(b) INDEXING OF LEVELS OF ASSISTANCE.— 

Such subsection is further amended— 

(1) by redesignating paragraphs (1) and (2) as 

subparagraphs (A) and (B), respectively; 

(2) in the matter before subparagraph (A), as 

redesignated by paragraph (1), by inserting 

‘‘(1)’’ before ‘‘The’’; and 

(3) by adding at the end the following new 

paragraph (2): 

‘‘(2) Effective on October 1 of each year (beginning in 2012), the Secretary shall use the 

same percentage calculated pursuant to section 

2102(e) of this title to increase the amounts described in paragraph (1) of this subsection.’’. 

(c) EXTENSION OF AUTHORITY FOR ASSISTANCE.—Subsection (e) of such section is amended by striking ‘‘December 31, 2012’’ and inserting 

‘‘December 31, 2022’’. 

(d) EFFECTIVE DATE.—The amendments made 

by this section shall take effect on the date of 

the enactment of this Act and shall apply with 

respect to assistance furnished in accordance 

with section 2102A of title 38, United States 

Code, on or after that date. 


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H5420 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

SEC. 206. DEPARTMENT OF VETERANS AFFAIRS 

HOUSING LOAN GUARANTEES FOR 

SURVIVING SPOUSES OF CERTAIN 

TOTALLY DISABLED VETERANS. 

(a) IN GENERAL.—Section 3701(b) is amended 

by adding at the end the following new paragraph: 

‘‘(6) The term ‘veteran’ also includes, for purposes of home loans, the surviving spouse of a 

veteran who died and who was in receipt of or 

entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) 

compensation at the time of death for a serviceconnected disability rated totally disabling if— 

‘‘(A) the disability was continuously rated totally disabling for a period of 10 or more years 

immediately preceding death; 

‘‘(B) the disability was continuously rated totally disabling for a period of not less than five 

years from the date of such veteran’s discharge 

or other release from active duty; or 

‘‘(C) the veteran was a former prisoner of war 

who died after September 30, 1999, and the disability was continuously rated totally disabling 

for a period of not less than one year immediately preceding death.’’. 

(b) EFFECTIVE DATE.—The amendment made 

by subsection (a) shall apply with respect to a 

loan guaranteed after the date of the enactment 

of this Act. 

(c) CLARIFICATION WITH RESPECT TO CERTAIN

FEES.—Fees shall be collected under section 3729 

of title 38, United States Code, from a person described in paragraph (6) of section 3701(b) of 

such title, as added by subsection (a) of this section, in the same manner as such fees are collected from a person described in paragraph (2) 

of section 3701(b) of such title. 

SEC. 207. OCCUPANCY OF PROPERTY BY DEPENDENT CHILD OF VETERAN FOR PURPOSES OF MEETING OCCUPANCY REQUIREMENT FOR DEPARTMENT OF 

VETERANS AFFAIRS HOUSING 

LOANS. 

Paragraph (2) of section 3704(c) is amended to 

read as follows: 

‘‘(2) In any case in which a veteran is in active-duty status as a member of the Armed 

Forces and is unable to occupy a property because of such status, the occupancy requirements of this chapter shall be considered to be 

satisfied if— 

‘‘(A) the spouse of the veteran occupies or intends to occupy the property as a home and the 

spouse makes the certification required by paragraph (1) of this subsection; or 

‘‘(B) a dependent child of the veteran occupies or will occupy the property as a home and 

the veteran’s attorney-in-fact or legal guardian 

of the dependent child makes the certification 

required by paragraph (1) of this subsection.’’. 

SEC. 208. MAKING PERMANENT PROJECT FOR 

GUARANTEEING OF ADJUSTABLE 

RATE MORTGAGES. 

Section 3707(a) is amended by striking ‘‘demonstration project under this section during fiscal years 1993 through 2012’’ and inserting 

‘‘project under this section’’. 

SEC. 209. MAKING PERMANENT PROJECT FOR INSURING HYBRID ADJUSTABLE RATE 

MORTGAGES. 

Section 3707A(a) is amended by striking ‘‘demonstration project under this section during fiscal years 2004 through 2012’’ and inserting 

‘‘project under this section’’. 

SEC. 210. WAIVER OF LOAN FEE FOR INDIVIDUALS 

WITH DISABILITY RATINGS ISSUED 

DURING PRE-DISCHARGE PROGRAMS. 

Paragraph (2) of section 3729(c) is amended to 

read as follows: 

‘‘(2)(A) A veteran described in subparagraph 

(B) shall be treated as receiving compensation 

for purposes of this subsection as of the date of 

the rating described in such subparagraph without regard to whether an effective date of the 

award of compensation is established as of that 

date. 

‘‘(B) A veteran described in this subparagraph 

is a veteran who is rated eligible to receive compensation— 

‘‘(i) as the result of a pre-discharge disability 

examination and rating; or 

‘‘(ii) based on a pre-discharge review of existing medical evidence (including service medical 

and treatment records) that results in the 

issuance of a memorandum rating.’’. 

SEC. 211. MODIFICATION OF AUTHORITIES FOR 

ENHANCED-USE LEASES OF REAL 

PROPERTY. 

(a) SUPPORTIVE HOUSING DEFINED.—Section 

8161 is amended by adding at the end the following new paragraph: 

‘‘(3) The term ‘supportive housing’ means 

housing that engages tenants in on-site and 

community-based support services for veterans 

or their families that are at risk of homelessness 

or are homeless. Such term may include the following: 

‘‘(A) Transitional housing. 

‘‘(B) Single-room occupancy. 

‘‘(C) Permanent housing. 

‘‘(D) Congregate living housing. 

‘‘(E) Independent living housing. 

‘‘(F) Assisted living housing. 

‘‘(G) Other modalities of housing.’’. 

(b) MODIFICATION OF LIMITATIONS ON ENHANCED USE LEASES.— 

(1) IN GENERAL.—Paragraph (2) of section 

8162(a) is amended to read as follows: 

‘‘(2) The Secretary may enter into an enhanced-use lease only for the provision of supportive housing and the lease is not inconsistent 

with and will not adversely affect the mission of 

the Department.’’. 

(2) EFFECTIVE DATE.— 

(A) IN GENERAL.—Paragraph (2) of section 

8162(a) of title 38, United States Code, as 

amended by paragraph (1), shall take effect on 

January 1, 2012, and shall apply with respect to 

enhanced-use leases entered into on or after 

such date. 

(B) PREVIOUS LEASES.—Any enhanced-use 

lease that the Secretary has entered into prior to 

the date described in subparagraph (A) shall be 

subject to the provisions of subchapter V of 

chapter 81 of such title, as in effect on the day 

before the date of the enactment of this Act. 

(c) CONSIDERATION FOR AND TERMS OF ENHANCED-USE LEASES.— 

(1) IN GENERAL.—Section 8162(b) is amended— 

(A) in paragraph (1), by striking ‘‘(A) If the 

Secretary’’ and all that follows through ‘‘under 

subparagraph (A).’’ and inserting the following: 

‘‘If the Secretary has determined that a property should be leased to another party through 

an enhanced-use lease, the Secretary shall, at 

the Secretary’s discretion, select the party with 

whom the lease will be entered into using such 

selection procedures as the Secretary considers 

appropriate.’’; 

(B) by amending paragraph (3) to read as follows: 

‘‘(3)(A) For any enhanced-use lease entered 

into by the Secretary, the lease consideration 

provided to the Secretary shall consist solely of 

cash at fair value as determined by the Secretary. 

‘‘(B) The Secretary shall receive no other type 

of consideration for an enhanced-use lease besides cash. 

‘‘(C) The Secretary may enter into an enhanced-use lease without receiving consideration.’’; 

(C) in paragraph (4), by striking ‘‘Secretary 

to’’ and all that follows through ‘‘use minor’’ 

and inserting ‘‘Secretary to use minor’’; and 

(D) by adding at the end the following new 

paragraphs: 

‘‘(5) The terms of an enhanced-use lease may 

not provide for any acquisition, contract, demonstration, exchange, grant, incentive, procurement, sale, other transaction authority, service 

agreement, use agreement, lease, or lease-back 

by the Secretary or Federal Government. 

‘‘(6) The Secretary may not enter into an enhanced-use lease without certification in advance in writing by the Director of the Office of 

Management and Budget that such lease complies with the requirements of this subchapter.’’. 

(2) EFFECTIVE DATE.—Paragraph (3) of section 

8162(b), as amended by paragraph (1)(B) of this 

subsection, shall take effect on January 1, 2012, 

and shall apply with respect to enhanced-use 

leases entered into on or after such date. 

(d) PROHIBITED ENHANCED-USE LEASES.—Section 8162(c) is amended— 

(1) by striking paragraph (2); and 

(2) in paragraph (1), by striking ‘‘(1) Subject 

to paragraph (2), the’’ and inserting ‘‘The’’. 

(e) DISPOSITION OF LEASED PROPERTY.—Subsection (b) of section 8164 is amended to read as 

follows: 

‘‘(b) A disposition under this section may be 

made in return for cash at fair value as the Secretary determines is in the best interest of the 

United States and upon such other terms and 

conditions as the Secretary considers appropriate.’’. 

(f) USE OF AMOUNTS RECEIVED FOR DISPOSITION OF LEASED PROPERTY.—Section 8165(a)(2) 

is amended by striking ‘‘in the Department of 

Veterans Affairs Capital Asset Fund established 

under section 8118 of this title’’ and inserting 

‘‘into the Department of Veterans Affairs Construction, Major Projects account or Construction, Minor Projects account, as the Secretary 

considers appropriate’’. 

(g) CONSTRUCTION STANDARDS.—Section 8166 

is amended to read as follows: 

‘‘§ 8166. Construction standards 

‘‘The construction, alteration, repair, remodeling, or improvement of a property that is the 

subject of an enhanced-use lease shall be carried 

out so as to comply with all applicable provisions of Federal, State, and local law relating to 

land use, building standards, permits, and inspections.’’. 

(h) EXEMPTION FROM STATE AND LOCAL

TAXES.—Section 8167 is amended to read as follows: 

‘‘§ 8167. Exemption from State and local taxes 

‘‘(a) IMPROVEMENTS AND OPERATIONS NOT EXEMPTED.—The improvements and operations on 

land leased by a person with an enhanced-use 

lease from the Secretary shall be subject to all 

applicable provisions of Federal, State, or local 

law relating to taxation, fees, and assessments. 

‘‘(b) UNDERLYING FEE TITLE INTEREST EXEMPTED.—The underlying fee title interest of the 

United States in any land subject to an enhanced-use lease shall not be subject, directly or 

indirectly, to any provision of State or local law 

relating to taxation, fees, or assessments.’’. 

(i) ANNUAL REPORTS.— 

(1) IN GENERAL.—Subchapter V of chapter 81 

is amended by inserting after section 8167 the 

following new section: 

‘‘§ 8168. Annual reports 

‘‘(a) REPORT ON ADMINISTRATION OF

LEASES.—Not later than 120 days after the date 

of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families 

Act of 2012 and not less frequently than once 

each year thereafter, the Secretary shall submit 

to Congress a report identifying the actions 

taken by the Secretary to implement and administer enhanced-use leases. 

‘‘(b) REPORT ON LEASE CONSIDERATION.—Each 

year, as part of the annual budget submission of 

the President to Congress under section 1105(a) 

of title 31, the Secretary shall submit to Congress a detailed report of the consideration received by the Secretary for each enhanced-use 

lease under this subchapter, along with an overview of how the Secretary is utilizing such consideration to support veterans.’’. 

(2) ELEMENTS OF INITIAL REPORT.—The first 

report submitted by the Secretary under section 

8168(a) of title 38, United States Code, as added 

by paragraph (1), shall include a summary of 

those measures the Secretary is taking to address the following recommendations from the 

February 9, 2012, audit report of the Department 

of Veterans Affairs Office of Inspector General 

on enhanced-use leases under subchapter V of 

chapter 81 of title 38, United States Code: 


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July 31, 2012 CONGRESSIONAL RECORD — HOUSE H5421 

(A) Improve standards to ensure complete 

lease agreements are negotiated in line with 

strategic goals of the Department of Veterans 

Affairs. 

(B) Institute improved policies and procedures 

to govern activities such as monitoring enhanced-use lease projects and calculating, 

classifying, and reporting on enhanced-use 

lease benefits and expenses. 

(C) Recalculate and update enhanced-use 

lease expenses and benefits reported in the most 

recent Enhanced-Use Lease Consideration Report of the Department. 

(D) Establish improved oversight mechanisms 

to ensure major enhanced-use lease project decisions are documented and maintained in accordance with policy. 

(E) Establish improved criteria to measure 

timeliness and performance in enhanced-use 

lease project development and execution. 

(F) Establish improved criteria and guidelines 

for assessing projects to determine whether they 

are or remain viable candidates for enhanceduse leases. 

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 81 is amended 

by inserting after the item relating to section 

8167 the following new item: 

‘‘8168. Annual reports.’’. 

(j) EXPIRATION OF AUTHORITY.—Section 8169 

is amended by striking ‘‘December 31, 2011’’ and 

inserting ‘‘December 31, 2023’’. 

(k) EFFECTIVE DATE.—Except as otherwise 

provided in this section, the amendments made 

by this section shall take effect on the date of 

the enactment of this Act. 

TITLE III—HOMELESS MATTERS 

SEC. 301. ENHANCEMENT OF COMPREHENSIVE 

SERVICE PROGRAMS. 

(a) ENHANCEMENT OF GRANTS.—Section 2011 is 

amended— 

(1) in subsection (b)(1)(A), by striking ‘‘expansion, remodeling, or alteration of existing buildings, or acquisition of facilities,’’ and inserting 

‘‘new construction of facilities, expansion, remodeling, or alteration of existing facilities, or 

acquisition of facilities,’’; and 

(2) in subsection (c)— 

(A) in the first sentence, by striking ‘‘A 

grant’’ and inserting ‘‘(1) A grant’’; 

(B) in the second sentence of paragraph (1), 

as designated by subparagraph (A), by striking 

‘‘The amount’’ and inserting the following: 

‘‘(2) The amount’’; and 

(C) by adding at the end the following new 

paragraph: 

‘‘(3)(A) The Secretary may not deny an application from an entity that seeks a grant under 

this section to carry out a project described in 

subsection (b)(1)(A) solely on the basis that the 

entity proposes to use funding from other private or public sources, if the entity demonstrates 

that a private nonprofit organization will provide oversight and site control for the project. 

‘‘(B) In this paragraph, the term ‘private nonprofit organization’ means the following: 

‘‘(i) An incorporated private institution, organization, or foundation— 

‘‘(I) that has received, or has temporary clearance to receive, tax-exempt status under paragraph (2), (3), or (19) of section 501(c) of the Internal Revenue Code of 1986; 

‘‘(II) for which no part of the net earnings of 

the institution, organization, or foundation inures to the benefit of any member, founder, or 

contributor of the institution, organization, or 

foundation; and 

‘‘(III) that the Secretary determines is financially responsible. 

‘‘(ii) A for-profit limited partnership or limited 

liability company, the sole general partner or 

manager of which is an organization that is described by subclauses (I) through (III) of clause 

(i). 

‘‘(iii) A corporation wholly owned and controlled by an organization that is described by 

subclauses (I) through (III) of clause (i).’’. 

(b) GRANT AND PER DIEM PAYMENTS.— 

(1) STUDY AND DEVELOPMENT OF FISCAL CONTROLS AND PAYMENT METHOD.—Not later than 

one year after the date of the enactment of this 

Act, the Secretary of Veterans Affairs shall— 

(A) complete a study of all matters relating to 

the method used by the Secretary to make per 

diem payments under section 2012(a) of title 38, 

United States Code, including changes anticipated by the Secretary in the cost of furnishing 

services to homeless veterans and accounting for 

costs of providing such services in various geographic areas; 

(B) develop more effective and efficient procedures for fiscal control and fund accounting by 

recipients of grants under sections 2011, 2012, 

and 2061 of such title; and 

(C) develop a more effective and efficient 

method for adequately reimbursing recipients of 

grants under section 2011 of such title for services furnished to homeless veterans. 

(2) CONSIDERATION.—In developing the method required by paragraph (1)(C), the Secretary 

may consider payments and grants received by 

recipients of grants described in such paragraph 

from other departments and agencies of Federal 

and local governments and from private entities. 

(3) REPORT.—Not later than one year after the 

date of the enactment of this Act, the Secretary 

shall submit to Congress a report on— 

(A) the findings of the Secretary with respect 

to the study required by subparagraph (A) of 

paragraph (1); 

(B) the methods developed under subparagraphs (B) and (C) of such paragraph; and 

(C) any recommendations of the Secretary for 

revising the method described in subparagraph 

(A) of such paragraph and any legislative action the Secretary considers necessary to implement such method. 

SEC. 302. MODIFICATION OF AUTHORITY FOR 

PROVISION OF TREATMENT AND REHABILITATION TO CERTAIN VETERANS TO INCLUDE PROVISION OF 

TREATMENT AND REHABILITATION 

TO HOMELESS VETERANS WHO ARE 

NOT SERIOUSLY MENTALLY ILL. 

Section 2031(a) is amended in the matter before paragraph (1) by striking ‘‘, including’’ and 

inserting ‘‘and to’’. 

SEC. 303. MODIFICATION OF GRANT PROGRAM 

FOR HOMELESS VETERANS WITH 

SPECIAL NEEDS. 

(a) INCLUSION OF ENTITIES ELIGIBLE FOR COMPREHENSIVE SERVICE PROGRAM GRANTS AND PER

DIEM PAYMENTS FOR SERVICES TO HOMELESS

VETERANS.—Subsection (a) of section 2061 is 

amended— 

(1) by striking ‘‘to grant and per diem providers’’ and inserting ‘‘to entities eligible for 

grants and per diem payments under sections 

2011 and 2012 of this title’’; and 

(2) by striking ‘‘by those facilities and providers’’ and inserting ‘‘by those facilities and 

entities’’. 

(b) INCLUSION OF MALE HOMELESS VETERANS

WITH MINOR DEPENDENTS.—Subsection (b) of 

such section is amended— 

(1) in paragraph (1), by striking ‘‘, including 

women who have care of minor dependents’’; 

(2) in paragraph (3), by striking ‘‘or’’; 

(3) in paragraph (4), by striking the period at 

the end and inserting ‘‘; or’’; and 

(4) by adding at the end the following new 

paragraph: 

‘‘(5) individuals who have care of minor dependents.’’. 

(c) AUTHORIZATION OF PROVISION OF SERVICES

TO DEPENDENTS.—Such section is further 

amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) PROVISION OF SERVICES TO DEPENDENTS.—A recipient of a grant under subsection 

(a) may use amounts under the grant to provide 

services directly to a dependent of a homeless 

veteran with special needs who is under the care 

of such homeless veteran while such homeless 

veteran receives services from the grant recipient 

under this section.’’. 

SEC. 304. COLLABORATION IN PROVISION OF 

CASE MANAGEMENT SERVICES TO 

HOMELESS VETERANS IN SUPPORTED HOUSING PROGRAM. 

(a) IN GENERAL.—The Secretary of Veterans 

Affairs shall consider entering into contracts or 

agreements, under sections 513 and 8153 of title 

38, United States Code, with eligible entities to 

collaborate with the Secretary in the provision 

of case management services to covered veterans 

as part of the supported housing program carried out under section 8(o)(19) of the United 

States Housing Act of 1937 (42 U.S.C. 

1437f(o)(19)) to ensure that the homeless veterans facing the most significant difficulties in 

obtaining suitable housing receive the assistance 

they require to obtain such housing. 

(b) COVERED VETERANS.—For purposes of this 

section, a covered veteran is any veteran who, 

at the time of receipt of a housing voucher 

under such section 8(o)(19)— 

(1) requires the assistance of a case manager 

in obtaining suitable housing with such voucher; and 

(2) is having difficulty obtaining the amount 

of such assistance the veteran requires, including because— 

(A) the veteran resides in an area that has a 

shortage of low-income housing and because of 

such shortage the veteran requires more assistance from a case manager than the Secretary 

otherwise provides; 

(B) the location in which the veteran resides 

is located at such distance from facilities of the 

Department of Veterans Affairs as makes the 

provision of case management services by the 

Secretary to such veteran impractical; or 

(C) the veteran resides in an area where veterans who receive case management services 

from the Secretary under such section have a 

significantly lower average rate of successfully 

obtaining suitable housing than the average 

rate of successfully obtaining suitable housing 

for all veterans receiving such services. 

(c) ELIGIBLE ENTITIES.—For purposes of this 

section, an eligible entity is any State or local 

government agency, tribal organization (as such 

term is defined in section 4 of the Indian Self 

Determination and Education Assistance Act (25 

U.S.C. 450b)), or nonprofit organization that— 

(1) under a contract or agreement described in 

subsection (a), agrees— 

(A) to ensure access to case management services by covered veterans on an as-needed basis; 

(B) to maintain referral networks for covered 

veterans for purposes of assisting covered veterans in demonstrating eligibility for assistance 

and additional services under entitlement and 

assistance programs available for covered veterans, and to otherwise aid covered veterans in 

obtaining such assistance and services; 

(C) to ensure the confidentiality of records 

maintained by the entity on covered veterans receiving services through the supported housing 

program described in subsection (a); 

(D) to establish such procedures for fiscal control and fund accounting as the Secretary of 

Veterans Affairs considers appropriate to ensure 

proper disbursement and accounting of funds 

under a contract or agreement entered into by 

the entity as described in subsection (a); 

(E) to submit to the Secretary each year, in 

such form and such manner as the Secretary 

may require, a report on the collaboration undertaken by the entity under a contract or 

agreement described in such subsection during 

the most recent fiscal year, including a description of, for the year covered by the report— 

(i) the services and assistance provided to covered veterans as part of such collaboration; 

(ii) the process by which covered veterans 

were referred to the entity for such services and 

assistance; 


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H5422 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

(iii) the specific goals jointly set by the entity 

and the Secretary for the provision of such services and assistance and whether the entity 

achieved such goals; and 

(iv) the average length of time taken by a covered veteran who received such services and assistance to successfully obtain suitable housing 

and the average retention rate of such a veteran 

in such housing; and 

(F) to meet such other requirements as the 

Secretary considers appropriate for purposes of 

providing assistance to covered veterans in obtaining suitable housing; and 

(2) has demonstrated experience in— 

(A) identifying and serving homeless veterans, 

especially those who have the greatest difficulty 

obtaining suitable housing; 

(B) working collaboratively with the Department of Veterans Affairs or the Department of 

Housing and Urban Development; 

(C) conducting outreach to, and maintaining 

relationships with, landlords to encourage and 

facilitate participation by landlords in supported housing programs similar to the supported housing program described in subsection 

(a); 

(D) mediating disputes between landlords and 

veterans receiving assistance under such supported housing program; and 

(E) carrying out such other activities as the 

Secretary of Veterans Affairs considers appropriate. 

(d) CONSULTATION.—In considering entering 

into contracts or agreements as described in subsection (a), the Secretary of Veterans Affairs 

shall consult with— 

(1) the Secretary of Housing and Urban Development; and 

(2) third parties that provide services as part 

of the Department of Housing and Urban Development continuum of care. 

(e) TECHNICAL ASSISTANCE FOR COLLABORATING ENTITIES.— 

(1) IN GENERAL.—The Secretary may provide 

training and technical assistance to entities 

with whom the Secretary collaborates in the 

provision of case management services to veterans as part of the supported housing program 

described in subsection (a). 

(2) GRANTS.—The Secretary may provide 

training and technical assistance under paragraph (1) through the award of grants or contracts to appropriate public and nonprofit private entities. 

(3) FUNDING.—From amounts appropriated or 

otherwise made available to the Secretary in the 

Medical Services account in a year, $500,000 

shall be available to the Secretary in that year 

to carry out this subsection. 

(f) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than 545 days after 

the date of the enactment of this Act and not 

less frequently than once each year thereafter, 

the Secretary of Veterans Affairs shall submit to 

Congress a report on the collaboration between 

the Secretary and eligible entities in the provision of case management services as described in 

subsection (a) during the most recently completed fiscal year. 

(2) ELEMENTS.—Each report required by paragraph (1) shall include, for the period covered 

by the report, the following: 

(A) A discussion of each case in which a contract or agreement described in subsection (a) 

was considered by the Secretary, including a description of whether or not and why the Secretary chose or did not choose to enter into such 

contract or agreement. 

(B) The number and types of eligible entities 

with whom the Secretary has entered into a contract or agreement as described in subsection 

(a). 

(C) A description of the geographic regions in 

which such entities provide case management 

services as described in such subsection. 

(D) A description of the number and types of 

covered veterans who received case management 

services from such entities under such contracts 

or agreements. 

(E) An assessment of the performance of each 

eligible entity with whom the Secretary entered 

into a contract or agreement as described in subsection (a). 

(F) An assessment of the benefits to covered 

veterans of such contracts and agreements. 

(G) A discussion of the benefits of increasing 

the ratio of case managers to recipients of 

vouchers under the supported housing program 

described in such subsection to veterans who reside in rural areas. 

(H) Such recommendations for legislative or 

administrative action as the Secretary considers 

appropriate for the improvement of collaboration in the provision of case management services under such supported housing program. 

SEC. 305. EXTENSIONS OF PREVIOUSLY FULLY 

FUNDED AUTHORITIES AFFECTING 

HOMELESS VETERANS. 

(a) COMPREHENSIVE SERVICE PROGRAMS.—Section 2013 is amended by striking paragraph (5) 

and inserting the following new paragraphs: 

‘‘(5) $250,000,000 for fiscal year 2013. 

‘‘(6) $150,000,000 for fiscal year 2014 and each 

subsequent fiscal year.’’. 

(b) HOMELESS VETERANS REINTEGRATION PROGRAMS.—Section 2021(e)(1)(F) is amended by 

striking ‘‘2012’’ and inserting ‘‘2013’’. 

(c) FINANCIAL ASSISTANCE FOR SUPPORTIVE

SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING.—Section 

2044(e)(1) is amended by adding at the end the 

following new subparagraph: 

‘‘(E) $300,000,000 for fiscal year 2013.’’. 

(d) GRANT PROGRAM FOR HOMELESS VETERANS

WITH SPECIAL NEEDS.—Section 2061(c)(1) is 

amended by striking ‘‘through 2012’’ and inserting ‘‘through 2013’’. 

TITLE IV—EDUCATION MATTERS 

SEC. 401. AGGREGATE AMOUNT OF EDUCATIONAL 

ASSISTANCE AVAILABLE TO INDIVIDUALS WHO RECEIVE BOTH SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE AND OTHER 

VETERANS AND RELATED EDUCATIONAL ASSISTANCE. 

(a) AGGREGATE AMOUNT AVAILABLE.—Section 

3695 is amended— 

(1) in subsection (a)(4), by striking ‘‘35,’’; and 

(2) by adding at the end the following new 

subsection: 

‘‘(c) The aggregate period for which any person may receive assistance under chapter 35 of 

this title, on the one hand, and any of the provisions of law referred to in subsection (a), on 

the other hand, may not exceed 81 months (or 

the part-time equivalent thereof).’’. 

(b) APPLICABILITY.—The amendment made by 

subsection (a) shall take effect on October 1, 

2013, and shall not operate to revive any entitlement to assistance under chapter 35 of title 38, 

United States Code, or the provisions of law referred to in section 3695(a) of such title, as in effect on the day before such date, that was terminated by reason of the operation of section 

3695(a) of such title, as so in effect, before such 

date. 

(c) REVIVAL OF ENTITLEMENT REDUCED BY

PRIOR UTILIZATION OF CHAPTER 35 ASSISTANCE.— 

(1) IN GENERAL.—Subject to paragraph (2), in 

the case of an individual whose period of entitlement to assistance under a provision of law 

referred to in section 3695(a) of title 38, United 

States Code (other than chapter 35 of such title), 

as in effect on September 30, 2013, was reduced 

under such section 3695(a), as so in effect, by 

reason of the utilization of entitlement to assistance under chapter 35 of such title before October 1, 2013, the period of entitlement to assistance of such individual under such provision 

shall be determined without regard to any entitlement so utilized by the individual under 

chapter 35 of such title. 

(2) LIMITATION.—The maximum period of entitlement to assistance of an individual under 

paragraph (1) may not exceed 81 months. 

SEC. 402. ANNUAL REPORTS ON POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM 

AND SURVIVORS’ AND DEPENDENTS’ 

EDUCATIONAL ASSISTANCE PROGRAM. 

(a) REPORTS REQUIRED.— 

(1) IN GENERAL.—Subchapter III of chapter 33 

is amended by adding at the end the following 

new section: 

‘‘§ 3325. Reporting requirement 

‘‘(a) IN GENERAL.—For each academic year— 

‘‘(1) the Secretary of Defense shall submit to 

Congress a report on the operation of the program provided for in this chapter; and 

‘‘(2) the Secretary shall submit to Congress a 

report on the operation of the program provided 

for in this chapter and the program provided for 

under chapter 35 of this title. 

‘‘(b) CONTENTS OF SECRETARY OF DEFENSE REPORTS.—The Secretary of Defense shall include 

in each report submitted under this section— 

‘‘(1) information— 

‘‘(A) indicating the extent to which the benefit levels provided under this chapter are adequate to achieve the purposes of inducing individuals to enter and remain in the Armed Forces 

and of providing an adequate level of financial 

assistance to help meet the cost of pursuing a 

program of education; 

‘‘(B) indicating whether it is necessary for the 

purposes of maintaining adequate levels of wellqualified active-duty personnel in the Armed 

Forces to continue to offer the opportunity for 

educational assistance under this chapter to individuals who have not yet entered active-duty 

service; and 

‘‘(C) describing the efforts under section 

3323(b) of this title to inform members of the 

Armed Forces of the active duty service requirements for entitlement to educational assistance 

under this chapter and the results from such efforts; and 

‘‘(2) such recommendations for administrative 

and legislative changes regarding the provision 

of educational assistance to members of the 

Armed Forces and veterans, and their dependents, as the Secretary of Defense considers appropriate. 

‘‘(c) CONTENTS OF SECRETARY OF VETERANS

AFFAIRS REPORTS.—The Secretary shall include 

in each report submitted under this section— 

‘‘(1) information concerning the level of utilization of educational assistance and of expenditures under this chapter and under chapter 35 

of this title; 

‘‘(2) appropriate student outcome measures, 

such as the number of credit hours, certificates, 

degrees, and other qualifications earned by 

beneficiaries under this chapter and chapter 35 

of this title during the academic year covered by 

the report; and 

‘‘(3) such recommendations for administrative 

and legislative changes regarding the provision 

of educational assistance to members of the 

Armed Forces and veterans, and their dependents, as the Secretary considers appropriate. 

‘‘(d) TERMINATION.—No report shall be required under this section after January 1, 

2021.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 

3324 the following new item: 

‘‘3325. Reporting requirement.’’. 

(3) DEADLINE FOR SUBMITTAL OF FIRST REPORT.—The first reports required under section 

3325 of title 38, United States Code, as added by 

paragraph (1), shall be submitted by not later 

than November 1, 2013. 

(b) REPEAL OF REPORT ON ALL VOLUNTEERFORCE EDUCATIONAL ASSISTANCE PROGRAM.— 

(1) IN GENERAL.—Chapter 30 is amended by 

striking section 3036. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by striking the item relating to section 3036. 


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TITLE V—BENEFITS MATTERS 

SEC. 501. AUTOMATIC WAIVER OF AGENCY OF 

ORIGINAL JURISDICTION REVIEW OF 

NEW EVIDENCE. 

(a) IN GENERAL.—Section 7105 is amended by 

adding at the end the following new subsection: 

‘‘(e)(1) If, either at the time or after the agency of original jurisdiction receives a substantive 

appeal, the claimant or the claimant’s representative, if any, submits evidence to either 

the agency of original jurisdiction or the Board 

of Veterans’ Appeals for consideration in connection with the issue or issues with which disagreement has been expressed, such evidence 

shall be subject to initial review by the Board 

unless the claimant or the claimant’s representative, as the case may be, requests in writing 

that the agency of original jurisdiction initially 

review such evidence. 

‘‘(2) A request for review of evidence under 

paragraph (1) shall accompany the submittal of 

the evidence.’’. 

(b) EFFECTIVE DATE.—Subsection (e) of such 

section, as added by subsection (a), shall take 

effect on the date that is 180 days after the date 

of the enactment of this Act, and shall apply 

with respect to claims for which a substantive 

appeal is filed on or after the date that is 180 

days after the date of the enactment of this Act. 

SEC. 502. AUTHORITY FOR CERTAIN PERSONS TO 

SIGN CLAIMS FILED WITH SECRETARY OF VETERANS AFFAIRS ON 

BEHALF OF CLAIMANTS. 

(a) IN GENERAL.—Section 5101 is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘A specific’’ and inserting ‘‘(1) 

A specific’’; and 

(B) by adding at the end the following new 

paragraph: 

‘‘(2) If an individual has not attained the age 

of 18 years, is mentally incompetent, or is physically unable to sign a form, a form filed under 

paragraph (1) for the individual may be signed 

by a court-appointed representative, a person 

who is responsible for the care of the individual, 

including a spouse or other relative, or an attorney in fact or agent authorized to act on behalf 

of the individual under a durable power of attorney. If the individual is in the care of an institution, the manager or principal officer of the 

institution may sign the form.’’; 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘, signs a form on behalf of an 

individual to apply for,’’ after ‘‘who applies 

for’’; 

(ii) by inserting ‘‘, or TIN in the case that the 

person is not an individual,’’ after ‘‘of such person’’; and 

(iii) by striking ‘‘dependent’’ and inserting 

‘‘claimant, dependent,’’; and 

(B) in paragraph (2), by inserting ‘‘or TIN’’ 

after ‘‘social security number’’ each place it appears; and 

(3) by adding at the end the following new 

subsection: 

‘‘(d) In this section: 

‘‘(1) The term ‘mentally incompetent’ with respect to an individual means that the individual 

lacks the mental capacity— 

‘‘(A) to provide substantially accurate information needed to complete a form; or 

‘‘(B) to certify that the statements made on a 

form are true and complete. 

‘‘(2) The term ‘TIN’ has the meaning given the 

term in section 7701(a)(41) of the Internal Revenue Code of 1986.’’. 

(b) APPLICABILITY.—The amendments made by 

subsection (a) shall apply with respect to claims 

filed on or after the date of the enactment of 

this Act. 

SEC. 503. IMPROVEMENT OF PROCESS FOR FILING JOINTLY FOR SOCIAL SECURITY 

AND DEPENDENCY AND INDEMNITY 

COMPENSATION. 

Section 5105 is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘shall’’ the first place it appears and inserting ‘‘may’’; and 

(B) by striking ‘‘Each such form’’ and inserting ‘‘Such forms’’; and 

(2) in subsection (b), by striking ‘‘on such a 

form’’ and inserting ‘‘on any document indicating an intent to apply for survivor benefits’’. 

SEC. 504. AUTHORIZATION OF USE OF ELECTRONIC COMMUNICATION TO PROVIDE NOTICE TO CLAIMANTS FOR 

BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Section 5103 is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘Upon receipt of a complete or 

substantially complete application, the’’ and inserting ‘‘The’’; 

(B) by striking ‘‘notify’’ and inserting ‘‘provide to’’; and 

(C) by inserting ‘‘by the most effective means 

available, including electronic communication 

or notification in writing, notice’’ before ‘‘of 

any information’’; and 

(2) in subsection (b), by adding at the end the 

following new paragraphs: 

‘‘(4) Nothing in this section shall require the 

Secretary to provide notice for a subsequent 

claim that is filed while a previous claim is 

pending if the notice previously provided for 

such pending claim— 

‘‘(A) provides sufficient notice of the information and evidence necessary to substantiate 

such subsequent claim; and 

‘‘(B) was sent within one year of the date on 

which the subsequent claim was filed. 

‘‘(5)(A) This section shall not apply to any 

claim or issue where the Secretary may award 

the maximum benefit in accordance with this 

title based on the evidence of record. 

‘‘(B) For purposes of this paragraph, the term 

‘maximum benefit’ means the highest evaluation 

assignable in accordance with the evidence of 

record, as long as such evidence is adequate for 

rating purposes and sufficient to grant the earliest possible effective date in accordance with 

section 5110 of this title.’’. 

(b) CONSTRUCTION.—Nothing in the amendments made by subsection (a) shall be construed 

as eliminating any requirement with respect to 

the contents of a notice under section 5103 of 

title 38, United States Code, that is required 

under regulations prescribed pursuant to subsection (a)(2) of such section as of the date of 

the enactment of this Act. 

(c) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by 

subsection (a) shall take effect on the date that 

is 180 days after the date of the enactment of 

this Act and shall apply with respect to notification obligations of the Secretary of Veterans 

Affairs on or after such date. 

(2) CONSTRUCTION REGARDING APPLICABILITY.—Nothing in this section or the amendments made by this section shall be construed to 

require the Secretary to carry out notification 

procedures in accordance with requirements of 

section 5103 of title 38, United States Code, as in 

effect on the day before the effective date established in paragraph (1) on or after such effective 

date. 

SEC. 505. DUTY TO ASSIST CLAIMANTS IN OBTAINING PRIVATE RECORDS. 

(a) IN GENERAL.—Subsection (b) of section 

5103A is amended to read as follows: 

‘‘(b) ASSISTANCE IN OBTAINING PRIVATE

RECORDS.—(1) As part of the assistance provided under subsection (a), the Secretary shall 

make reasonable efforts to obtain relevant private records that the claimant adequately identifies to the Secretary. 

‘‘(2)(A) Whenever the Secretary, after making 

such reasonable efforts, is unable to obtain all 

of the relevant records sought, the Secretary 

shall notify the claimant that the Secretary is 

unable to obtain records with respect to the 

claim. Such a notification shall— 

‘‘(i) identify the records the Secretary is unable to obtain; 

‘‘(ii) briefly explain the efforts that the Secretary made to obtain such records; and 

‘‘(iii) explain that the Secretary will decide 

the claim based on the evidence of record but 

that this section does not prohibit the submission of records at a later date if such submission 

is otherwise allowed. 

‘‘(B) The Secretary shall make not less than 

two requests to a custodian of a private record 

in order for an effort to obtain relevant private 

records to be treated as reasonable under this 

section, unless it is made evident by the first request that a second request would be futile in 

obtaining such records. 

‘‘(3)(A) This section shall not apply if the evidence of record allows for the Secretary to 

award the maximum benefit in accordance with 

this title based on the evidence of record. 

‘‘(B) For purposes of this paragraph, the term 

‘maximum benefit’ means the highest evaluation 

assignable in accordance with the evidence of 

record, as long as such evidence is adequate for 

rating purposes and sufficient to grant the earliest possible effective date in accordance with 

section 5110 of this title. 

‘‘(4) Under regulations prescribed by the Secretary, the Secretary— 

‘‘(A) shall encourage claimants to submit relevant private medical records of the claimant to 

the Secretary if such submission does not burden the claimant; and 

‘‘(B) in obtaining relevant private records 

under paragraph (1), may require the claimant 

to authorize the Secretary to obtain such 

records if such authorization is required to comply with Federal, State, or local law.’’. 

(b) PUBLIC RECORDS.—Subsection (c) of such 

section is amended to read as follows: 

‘‘(c) OBTAINING RECORDS FOR COMPENSATION

CLAIMS.—(1) In the case of a claim for disability 

compensation, the assistance provided by the 

Secretary under this section shall include obtaining the following records if relevant to the 

claim: 

‘‘(A) The claimant’s service medical records 

and, if the claimant has furnished the Secretary 

information sufficient to locate such records, 

other relevant records pertaining to the claimant’s active military, naval, or air service that 

are held or maintained by a governmental entity. 

‘‘(B) Records of relevant medical treatment or 

examination of the claimant at Department 

health-care facilities or at the expense of the 

Department, if the claimant furnishes information sufficient to locate those records. 

‘‘(C) Any other relevant records held by any 

Federal department or agency that the claimant 

adequately identifies and authorizes the Secretary to obtain. 

‘‘(2) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection, the efforts to obtain 

those records shall continue until the records 

are obtained unless it is reasonably certain that 

such records do not exist or that further efforts 

to obtain those records would be futile.’’. 

(c) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by 

subsections (a) and (b) shall take effect on the 

date that is 180 days after the date of the enactment of this Act and shall apply with respect to 

assistance obligations of the Secretary of Veterans Affairs on or after such date. 

(2) CONSTRUCTION.—Nothing in this section or 

the amendments made by this section shall be 

construed to require the Secretary to carry out 

assistance in accordance with requirements of 

section 5103A of title 38, United States Code, as 

in effect on the day before the effective date established in paragraph (1) on or after such effective date. 

SEC. 506. AUTHORITY FOR RETROACTIVE EFFECTIVE DATE FOR AWARDS OF DISABILITY COMPENSATION IN CONNECTION WITH APPLICATIONS THAT 

ARE FULLY-DEVELOPED AT SUBMITTAL. 

Section 5110(b) is amended— 

(1) by redesignating paragraphs (2) and (3) as 

paragraphs (3) and (4), respectively; and 


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H5424 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2)(A) The effective date of an award of disability compensation to a veteran who submits 

an application therefor that sets forth an original claim that is fully-developed (as determined 

by the Secretary) as of the date of submittal 

shall be fixed in accordance with the facts 

found, but shall not be earlier than the date 

that is one year before the date of receipt of the 

application. 

‘‘(B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran 

for disability compensation. 

‘‘(C) This paragraph shall take effect on the 

date that is one year after the date of the enactment of the Honoring America’s Veterans and 

Caring for Camp Lejeune Families Act of 2012 

and shall not apply with respect to claims filed 

after the date that is three years after the date 

of the enactment of such Act.’’. 

SEC. 507. MODIFICATION OF MONTH OF DEATH 

BENEFIT FOR SURVIVING SPOUSES 

OF VETERANS WHO DIE WHILE ENTITLED TO COMPENSATION OR PENSION. 

(a) SURVIVING SPOUSE BENEFIT FOR MONTH OF

VETERAN’S DEATH.—Subsections (a) and (b) of 

section 5310 are amended to read as follows: 

‘‘(a) IN GENERAL.—(1) A surviving spouse of a 

veteran is entitled to a benefit for the month of 

the veteran’s death if— 

‘‘(A) at the time of the veteran’s death, the 

veteran was receiving compensation or pension 

under chapter 11 or 15 of this title; or 

‘‘(B) the veteran is determined for purposes of 

section 5121 or 5121A of this title as having been 

entitled to receive compensation or pension 

under chapter 11 or 15 of this title for the month 

of the veteran’s death. 

‘‘(2) The amount of the benefit under paragraph (1) is the amount that the veteran would 

have received under chapter 11 or 15 of this title, 

as the case may be, for the month of the veteran’s death had the veteran not died. 

‘‘(b) CLAIMS PENDING ADJUDICATION.—If a 

claim for entitlement to compensation or additional compensation under chapter 11 of this 

title or pension or additional pension under 

chapter 15 of this title is pending at the time of 

a veteran’s death and the check or other payment issued to the veteran’s surviving spouse 

under subsection (a) is less than the amount of 

the benefit the veteran would have been entitled 

to for the month of death pursuant to the adjudication of the pending claim, an amount equal 

to the difference between the amount to which 

the veteran would have been entitled to receive 

under chapter 11 or 15 of this title for the month 

of the veteran’s death had the veteran not died 

and the amount of the check or other payment 

issued to the surviving spouse shall be treated in 

the same manner as an accrued benefit under 

section 5121 of this title.’’. 

(b) MONTH OF DEATH BENEFIT EXEMPT FROM

DELAYED COMMENCEMENT OF PAYMENT.—Section 5111(c)(1) is amended by striking ‘‘apply 

to’’ and all that follows through ‘‘death occurred’’ and inserting the following: ‘‘not apply 

to payments made pursuant to section 5310 of 

this title’’. 

(c) EFFECTIVE DATE.—The amendments made 

by this section shall take effect on the date of 

the enactment of this Act, and shall apply with 

respect to deaths that occur on or after that 

date. 

SEC. 508. INCREASE IN RATE OF PENSION FOR 

DISABLED VETERANS MARRIED TO 

ONE ANOTHER AND BOTH OF WHOM 

REQUIRE REGULAR AID AND ATTENDANCE. 

(a) IN GENERAL.—Section 1521(f)(2) is amended by striking ‘‘$30,480’’ and inserting ‘‘$32,433’’. 

(b) EFFECTIVE DATE.—The amendment made 

by subsection (a) shall take effect on the date of 

the enactment of this Act. 

SEC. 509. EXCLUSION OF CERTAIN REIMBURSEMENTS OF EXPENSES FROM DETERMINATION OF ANNUAL INCOME WITH 

RESPECT TO PENSIONS FOR VETERANS AND SURVIVING SPOUSES 

AND CHILDREN OF VETERANS. 

(a) IN GENERAL.—Paragraph (5) of section 

1503(a) of title 38, United States Code, is amended to read as follows: 

‘‘(5) payments regarding reimbursements of 

any kind (including insurance settlement payments) for expenses related to the repayment, replacement, or repair of equipment, vehicles, 

items, money, or property resulting from— 

‘‘(A) any accident (as defined by the Secretary), but the amount excluded under this 

subclause shall not exceed the greater of the fair 

market value or reasonable replacement value of 

the equipment or vehicle involved at the time immediately preceding the accident; 

‘‘(B) any theft or loss (as defined by the Secretary), but the amount excluded under this 

subclause shall not exceed the greater of the fair 

market value or reasonable replacement value of 

the item or the amount of the money (including 

legal tender of the United States or of a foreign 

country) involved at the time immediately preceding the theft or loss; or 

‘‘(C) any casualty loss (as defined by the Secretary), but the amount excluded under this 

subclause shall not exceed the greater of the fair 

market value or reasonable replacement value of 

the property involved at the time immediately 

preceding the casualty loss;’’. 

(b) EFFECTIVE DATE.—The amendment made 

by subsection (a) shall take effect on the date 

that is 180 days after the date of the enactment 

of this Act. 

TITLE VI—MEMORIAL, BURIAL, AND 

CEMETERY MATTERS 

SEC. 601. PROHIBITION ON DISRUPTIONS OF FUNERALS OF MEMBERS OR FORMER 

MEMBERS OF THE ARMED FORCES. 

(a) PURPOSE AND AUTHORITY.— 

(1) PURPOSE.—The purpose of this section is to 

provide necessary and proper support for the recruitment and retention of the Armed Forces 

and militia employed in the service of the United 

States by protecting the dignity of the service of 

the members of such Forces and militia, and by 

protecting the privacy of their immediate family 

members and other attendees during funeral 

services for such members. 

(2) CONSTITUTIONAL AUTHORITY.—Congress 

finds that this section is a necessary and proper 

exercise of its powers under the Constitution, 

article I, section 8, paragraphs 1, 12, 13, 14, 16, 

and 18, to provide for the common defense, raise 

and support armies, provide and maintain a 

navy, make rules for the government and regulation of the land and naval forces, and provide 

for organizing and governing such part of the 

militia as may be employed in the service of the 

United States. 

(b) AMENDMENT TO TITLE 18.—Section 1388 of 

title 18, United States Code, is amended to read 

as follows: 

‘‘§ 1388. Prohibition on disruptions of funerals 

of members or former members of the Armed 

Forces 

‘‘(a) PROHIBITION.—For any funeral of a 

member or former member of the Armed Forces 

that is not located at a cemetery under the control of the National Cemetery Administration or 

part of Arlington National Cemetery, it shall be 

unlawful for any person to engage in an activity during the period beginning 120 minutes before and ending 120 minutes after such funeral, 

any part of which activity— 

‘‘(1)(A) takes place within the boundaries of 

the location of such funeral or takes place within 300 feet of the point of the intersection between— 

‘‘(i) the boundary of the location of such funeral; and 

‘‘(ii) a road, pathway, or other route of ingress to or egress from the location of such funeral; and 

‘‘(B) includes any individual willfully making 

or assisting in the making of any noise or diversion— 

‘‘(i) that is not part of such funeral and that 

disturbs or tends to disturb the peace or good 

order of such funeral; and 

‘‘(ii) with the intent of disturbing the peace or 

good order of such funeral; 

‘‘(2)(A) is within 500 feet of the boundary of 

the location of such funeral; and 

‘‘(B) includes any individual— 

‘‘(i) willfully and without proper authorization impeding or tending to impede the access to 

or egress from such location; and 

‘‘(ii) with the intent to impede the access to or 

egress from such location; or 

‘‘(3) is on or near the boundary of the residence, home, or domicile of any surviving member of the deceased person’s immediate family 

and includes any individual willfully making or 

assisting in the making of any noise or diversion— 

‘‘(A) that disturbs or tends to disturb the 

peace of the persons located at such location; 

and 

‘‘(B) with the intent of disturbing such peace. 

‘‘(b) PENALTY.—Any person who violates subsection (a) shall be fined under this title or imprisoned for not more than 1 year, or both. 

‘‘(c) CIVIL REMEDIES.— 

‘‘(1) DISTRICT COURTS.—The district courts of 

the United States shall have jurisdiction— 

‘‘(A) to prevent and restrain violations of this 

section; and 

‘‘(B) for the adjudication of any claims for relief under this section. 

‘‘(2) ATTORNEY GENERAL.—The Attorney General may institute proceedings under this section. 

‘‘(3) CLAIMS.—Any person, including a surviving member of the deceased person’s immediate family, who suffers injury as a result of 

conduct that violates this section may— 

‘‘(A) sue therefor in any appropriate United 

States district court or in any court of competent jurisdiction; and 

‘‘(B) recover damages as provided in subsection (d) and the cost of the suit, including 

reasonable attorneys’ fees. 

‘‘(4) ESTOPPEL.—A final judgment or decree 

rendered in favor of the United States in any 

criminal proceeding brought by the United 

States under this section shall estop the defendant from denying the essential allegations of the 

criminal offense in any subsequent civil proceeding brought by a person or by the United 

States. 

‘‘(d) ACTUAL AND STATUTORY DAMAGES.— 

‘‘(1) IN GENERAL.—In addition to any penalty 

imposed under subsection (b), a violator of this 

section is liable in an action under subsection 

(c) for actual or statutory damages as provided 

in this subsection. 

‘‘(2) ACTIONS BY PRIVATE PERSONS.—A person 

bringing an action under subsection (c)(3) may 

elect, at any time before final judgment is rendered, to recover the actual damages suffered by 

him or her as a result of the violation or, instead of actual damages, an award of statutory 

damages for each violation involved in the action. 

‘‘(3) ACTIONS BY ATTORNEY GENERAL.—In any 

action under subsection (c)(2), the Attorney 

General is entitled to recover an award of statutory damages for each violation involved in the 

action notwithstanding any recovery under subsection (c)(3). 

‘‘(4) STATUTORY DAMAGES.—A court may 

award, as the court considers just, statutory 

damages in a sum of not less than $25,000 or 

more than $50,000 per violation. 

‘‘(e) REBUTTABLE PRESUMPTION.—It shall be a 

rebuttable presumption that the violation was 

committed willfully for purposes of determining 

relief under this section if the violator, or a person acting in concert with the violator, did not 

have reasonable grounds to believe, either from 

the attention or publicity sought by the violator 


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or other circumstance, that the conduct of such 

violator or person would not disturb or tend to 

disturb the peace or good order of such funeral, 

impede or tend to impede the access to or egress 

from such funeral, or disturb or tend to disturb 

the peace of any surviving member of the deceased person’s immediate family who may be 

found on or near the residence, home, or domicile of the deceased person’s immediate family 

on the date of the service or ceremony. 

‘‘(f) DEFINITIONS.—In this section— 

‘‘(1) the term ‘Armed Forces’ has the meaning 

given the term in section 101 of title 10 and includes members and former members of the National Guard who were employed in the service 

of the United States; and 

‘‘(2) the term ‘immediate family’ means, with 

respect to a person, the immediate family members of such person, as such term is defined in 

section 115 of this title.’’. 

(c) AMENDMENT TO TITLE 38.— 

(1) IN GENERAL.—Section 2413 is amended to 

read as follows: 

‘‘§ 2413. Prohibition on certain demonstrations and disruptions at cemeteries under 

control of the National Cemetery Administration and at Arlington National Cemetery 

‘‘(a) PROHIBITION.—It shall be unlawful for 

any person— 

‘‘(1) to carry out a demonstration on the property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery unless the 

demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located; or 

‘‘(2) with respect to such a cemetery, to engage in a demonstration during the period beginning 120 minutes before and ending 120 minutes after a funeral, memorial service, or ceremony is held, any part of which demonstration— 

‘‘(A)(i) takes place within the boundaries of 

such cemetery or takes place within 300 feet of 

the point of the intersection between— 

‘‘(I) the boundary of such cemetery; and 

‘‘(II) a road, pathway, or other route of ingress to or egress from such cemetery; and 

‘‘(ii) includes any individual willfully making 

or assisting in the making of any noise or diversion— 

‘‘(I) that is not part of such funeral, memorial 

service, or ceremony and that disturbs or tends 

to disturb the peace or good order of such funeral, memorial service, or ceremony; and 

‘‘(II) with the intent of disturbing the peace 

or good order of such funeral, memorial service, 

or ceremony; or 

‘‘(B)(i) is within 500 feet of the boundary of 

such cemetery; and 

‘‘(ii) includes any individual— 

‘‘(I) willfully and without proper authorization impeding or tending to impede the access to 

or egress from such cemetery; and 

‘‘(II) with the intent to impede the access to or 

egress from such cemetery. 

‘‘(b) PENALTY.—Any person who violates subsection (a) shall be fined under title 18 or imprisoned for not more than one year, or both. 

‘‘(c) CIVIL REMEDIES.—(1) The district courts 

of the United States shall have jurisdiction— 

‘‘(A) to prevent and restrain violations of this 

section; and 

‘‘(B) for the adjudication of any claims for relief under this section. 

‘‘(2) The Attorney General of the United 

States may institute proceedings under this section. 

‘‘(3) Any person, including a surviving member of the deceased person’s immediate family, 

who suffers injury as a result of conduct that 

violates this section may— 

‘‘(A) sue therefor in any appropriate United 

States district court or in any court of competent jurisdiction; and 

‘‘(B) recover damages as provided in subsection (d) and the cost of the suit, including 

reasonable attorneys’ fees. 

‘‘(4) A final judgment or decree rendered in 

favor of the United States in any criminal proceeding brought by the United States under this 

section shall estop the defendant from denying 

the essential allegations of the criminal offense 

in any subsequent civil proceeding brought by a 

person or by the United States. 

‘‘(d) ACTUAL AND STATUTORY DAMAGES.—(1) 

In addition to any penalty imposed under subsection (b), a violator of this section is liable in 

an action under subsection (c) for actual or 

statutory damages as provided in this subsection. 

‘‘(2) A person bringing an action under subsection (c)(3) may elect, at any time before final 

judgment is rendered, to recover the actual damages suffered by him or her as a result of the 

violation or, instead of actual damages, an 

award of statutory damages for each violation 

involved in the action. 

‘‘(3) In any action brought under subsection 

(c)(2), the Attorney General is entitled to recover 

an award of statutory damages for each violation involved in the action notwithstanding any 

recovery under subsection (c)(3). 

‘‘(4) A court may award, as the court considers just, statutory damages in a sum of not 

less than $25,000 or more than $50,000 per violation. 

‘‘(e) REBUTTABLE PRESUMPTION.—It shall be a 

rebuttable presumption that the violation of 

subsection (a) was committed willfully for purposes of determining relief under this section if 

the violator, or a person acting in concert with 

the violator, did not have reasonable grounds to 

believe, either from the attention or publicity 

sought by the violator or other circumstance, 

that the conduct of such violator or person 

would not— 

‘‘(1) disturb or tend to disturb the peace or 

good order of such funeral, memorial service, or 

ceremony; or 

‘‘(2) impede or tend to impede the access to or 

egress from such funeral, memorial service, or 

ceremony. 

‘‘(f) DEFINITIONS.—In this section— 

‘‘(1) the term ‘demonstration’ includes— 

‘‘(A) any picketing or similar conduct; 

‘‘(B) any oration, speech, use of sound amplification equipment or device, or similar conduct 

that is not part of a funeral, memorial service, 

or ceremony; 

‘‘(C) the display of any placard, banner, flag, 

or similar device, unless such a display is part 

of a funeral, memorial service, or ceremony; and 

‘‘(D) the distribution of any handbill, pamphlet, leaflet, or other written or printed matter 

other than a program distributed as part of a 

funeral, memorial service, or ceremony; and 

‘‘(2) the term ‘immediate family’ means, with 

respect to a person, the immediate family members of such person, as such term is defined in 

section 115 of title 18.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 24 is amended 

by striking the item relating to section 2413 and 

inserting the following new item: 

‘‘2413. Prohibition on certain demonstrations 

and disruptions at cemeteries 

under control of the National 

Cemetery Administration and at 

Arlington National Cemetery.’’. 

SEC. 602. CODIFICATION OF PROHIBITION 

AGAINST RESERVATION OF 

GRAVESITES AT ARLINGTON NATIONAL CEMETERY. 

(a) IN GENERAL.—Chapter 24 is amended by 

inserting after section 2410 the following new 

section: 

‘‘§ 2410A. Arlington National Cemetery: other 

administrative matters 

‘‘(a) ONE GRAVESITE.—(1) Not more than one 

gravesite may be provided at Arlington National 

Cemetery to a veteran or member of the Armed 

Forces who is eligible for interment or 

inurnment at such cemetery. 

‘‘(2) The Secretary of the Army may waive the 

prohibition in paragraph (1) as the Secretary of 

the Army considers appropriate. 

‘‘(b) PROHIBITION AGAINST RESERVATION OF

GRAVESITES.—(1) A gravesite at Arlington National Cemetery may not be reserved for an individual before the death of such individual. 

‘‘(2)(A) The President may waive the prohibition in paragraph (1) as the President considers 

appropriate. 

‘‘(B) Upon waiving the prohibition in paragraph (1), the President shall submit notice of 

such waiver to— 

‘‘(i) the Committee on Veterans’ Affairs and 

the Committee on Armed Services of the Senate; 

and 

‘‘(ii) the Committee on Veterans’ Affairs and 

the Committee on Armed Services of the House 

of Representatives.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 

2410 the following new item: 

‘‘2410A. Arlington National Cemetery: other administrative matters.’’. 

(c) APPLICABILITY.— 

(1) IN GENERAL.—Except as provided in paragraph (2), section 2410A of title 38, United States 

Code, as added by subsection (a), shall apply 

with respect to all interments at Arlington National Cemetery after the date of the enactment 

of this Act. 

(2) EXCEPTION.—Subsection (b) of such section, as so added, shall not apply with respect 

to the interment of an individual for whom a request for a reserved gravesite was approved by 

the Secretary of the Army before January 1, 

1962. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a 

report on reservations made for interment at Arlington National Cemetery. 

(2) ELEMENTS.—The report required by paragraph (1) shall include the following: 

(A) The number of requests for reservation of 

a gravesite at Arlington National Cemetery that 

were submitted to the Secretary of the Army before January 1, 1962. 

(B) The number of gravesites at such cemetery 

that, on the day before the date of the enactment of this Act, were reserved in response to 

such requests. 

(C) The number of such gravesites that, on the 

day before the date of the enactment of this Act, 

were unoccupied. 

(D) A list of all reservations for gravesites at 

such cemetery that were extended by individuals 

responsible for management of such cemetery in 

response to requests for such reservations made 

on or after January 1, 1962. 

(E) A description of the measures that the Secretary is taking to improve the accountability 

and transparency of the management of 

gravesite reservations at Arlington National 

Cemetery. 

(F) Such recommendations as the Secretary 

may have for legislative action as the Secretary 

considers necessary to improve such accountability and transparency. 

SEC. 603. EXPANSION OF ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES 

TO PERSONS WHO DIED IN THE ACTIVE MILITARY, NAVAL, OR AIR 

SERVICE. 

Section 112(a) is amended— 

(1) by inserting ‘‘and persons who died in the 

active military, naval, or air service,’’ after 

‘‘under honorable conditions,’’; and 

(2) by striking ‘‘veteran’s’’ and inserting ‘‘deceased individual’s’’. 

SEC. 604. REQUIREMENTS FOR THE PLACEMENT 

OF MONUMENTS IN ARLINGTON NATIONAL CEMETERY. 

Section 2409(b) is amended— 

(1) by striking ‘‘Under’’ and inserting ‘‘(1) 

Under’’; 

(2) by inserting after ‘‘Secretary of the Army’’ 

the following: ‘‘and subject to paragraph (2)’’; 

and 


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(3) by adding at the end the following new 

paragraphs: 

‘‘(2)(A) Except for a monument containing or 

marking interred remains, no monument (or 

similar structure, as determined by the Secretary 

of the Army in regulations) may be placed in 

Arlington National Cemetery except pursuant to 

the provisions of this subsection. 

‘‘(B) A monument may be placed in Arlington 

National Cemetery if the monument commemorates— 

‘‘(i) the service in the Armed Forces of the individual, or group of individuals, whose memory 

is to be honored by the monument; or 

‘‘(ii) a particular military event. 

‘‘(C) No monument may be placed in Arlington National Cemetery until the end of the 25- 

year period beginning— 

‘‘(i) in the case of the commemoration of service under subparagraph (B)(i), on the last day 

of the period of service so commemorated; and 

‘‘(ii) in the case of the commemoration of a 

particular military event under subparagraph 

(B)(ii), on the last day of the period of the 

event. 

‘‘(D) A monument may be placed only in those 

sections of Arlington National Cemetery designated by the Secretary of the Army for such 

placement and only on land the Secretary determines is not suitable for burial. 

‘‘(E) A monument may only be placed in Arlington National Cemetery if an appropriate 

nongovernmental entity has agreed to act as a 

sponsoring organization to coordinate the placement of the monument and— 

‘‘(i) the construction and placement of the 

monument are paid for only using funds from 

private sources; 

‘‘(ii) the Secretary of the Army consults with 

the Commission of Fine Arts and the Advisory 

Committee on Arlington National Cemetery before approving the design of the monument; and 

‘‘(iii) the sponsoring organization provides for 

an independent study on the availability and 

suitability of alternative locations for the proposed monument outside of Arlington National 

Cemetery. 

‘‘(3)(A) The Secretary of the Army may waive 

the requirement under paragraph (2)(C) in a 

case in which the monument would commemorate a group of individuals who the Secretary 

determines— 

‘‘(i) has made valuable contributions to the 

Armed Forces that have been ongoing and perpetual for longer than 25 years and are expected 

to continue on indefinitely; and 

‘‘(ii) has provided service that is of such a 

character that the failure to place a monument 

to the group in Arlington National Cemetery 

would present a manifest injustice. 

‘‘(B) If the Secretary waives such requirement 

under subparagraph (A), the Secretary shall— 

‘‘(i) make available on an Internet website notification of the waiver and the rationale for the 

waiver; and 

‘‘(ii) submit to the Committee on Veterans’ Affairs and the Committee on Armed Services of 

the Senate and the Committee on Veterans’ Affairs and the Committee on Armed Services of 

the House of Representatives written notice of 

the waiver and the rationale for the waiver. 

‘‘(4) The Secretary of the Army shall provide 

notice to the Committee on Veterans’ Affairs 

and the Committee on Armed Services of the 

Senate and the Committee on Veterans’ Affairs 

and the Committee on Armed Services of the 

House of Representatives of any monument proposed to be placed in Arlington National Cemetery. During the 60-day period beginning on the 

date on which such notice is received, Congress 

may pass a joint resolution of disapproval of the 

placement of the monument. The proposed 

monument may not be placed in Arlington National Cemetery until the later of— 

‘‘(A) if Congress does not pass a joint resolution of disapproval of the placement of the 

monument, the date that is 60 days after the 

date on which notice is received under this 

paragraph; or 

‘‘(B) if Congress passes a joint resolution of 

disapproval of the placement of the monument, 

and the President signs a veto of such resolution, the earlier of— 

‘‘(i) the date on which either House of Congress votes and fails to override the veto of the 

President; or 

‘‘(ii) the date that is 30 session days after the 

date on which Congress received the veto and 

objections of the President.’’. 

TITLE VII—OTHER MATTERS 

SEC. 701. ASSISTANCE TO VETERANS AFFECTED 

BY NATURAL DISASTERS. 

(a) ADDITIONAL GRANTS FOR DISABLED VETERANS FOR SPECIALLY ADAPTED HOUSING.— 

(1) IN GENERAL.—Chapter 21 is amended by 

adding at the end the following new section: 

‘‘§ 2109. Specially adapted housing destroyed 

or damaged by natural disasters 

‘‘(a) IN GENERAL.—Notwithstanding the provisions of section 2102 and 2102A of this title, the 

Secretary may provide assistance to a veteran 

whose home was previously adapted with assistance of a grant under this chapter in the event 

the adapted home which was being used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster, as 

determined by the Secretary. 

‘‘(b) USE OF FUNDS.—Subject to subsection (c), 

assistance provided under subsection (a) shall— 

‘‘(1) be available to acquire a suitable housing 

unit with special fixtures or moveable facilities 

made necessary by the veteran’s disability, and 

necessary land therefor; 

‘‘(2) be available to a veteran to the same extent as if the veteran had not previously received assistance under this chapter; and 

‘‘(3) not be deducted from the maximum uses 

or from the maximum amount of assistance 

available under this chapter. 

‘‘(c) LIMITATIONS.—The amount of the assistance provided under subsection (a) may not exceed the lesser of— 

‘‘(1) the reasonable cost, as determined by the 

Secretary, of repairing or replacing the damaged 

or destroyed home in excess of the available insurance coverage on such home; or 

‘‘(2) the maximum amount of assistance to 

which the veteran would have been entitled 

under sections 2101(a), 2101(b), and 2102A of this 

title had the veteran not obtained previous assistance under this chapter.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 

2108 the following new item: 

‘‘2109. Specially adapted housing destroyed or 

damaged by natural disasters.’’. 

(b) EXTENSION OF SUBSISTENCE ALLOWANCE

FOR VETERANS COMPLETING VOCATIONAL REHABILITATION PROGRAM.—Section 3108(a)(2) is 

amended— 

(1) by inserting ‘‘(A)’’ before ‘‘In’’; and 

(2) by adding at the end the following new 

subparagraph: 

‘‘(B) In any case in which the Secretary determines that a veteran described in subparagraph 

(A) has been displaced as the result of a natural 

or other disaster while being paid a subsistence 

allowance under that subparagraph, as determined by the Secretary, the Secretary may extend the payment of a subsistence allowance 

under such subparagraph for up to an additional two months while the veteran is satisfactorily following a program of employment services described in such subparagraph.’’. 

(c) WAIVER OF LIMITATION ON PROGRAM OF

INDEPENDENT LIVING SERVICES AND ASSISTANCE.—Section 3120(e) is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Programs’’; and 

(2) by adding at the end the following new 

paragraph: 

‘‘(2) The limitation in paragraph (1) shall not 

apply in any case in which the Secretary determines that a veteran described in subsection (b) 

has been displaced as the result of, or has otherwise been adversely affected in the areas covered by, a natural or other disaster, as determined by the Secretary.’’. 

(d) COVENANTS AND LIENS CREATED BY PUBLIC

ENTITIES IN RESPONSE TO DISASTER-RELIEF ASSISTANCE.—Paragraph (3) of section 3703(d) is 

amended to read as follows: 

‘‘(3)(A) Any real estate housing loan (other 

than for repairs, alterations, or improvements) 

shall be secured by a first lien on the realty. In 

determining whether a loan is so secured, the 

Secretary may either disregard or allow for subordination to a superior lien created by a duly 

recorded covenant running with the realty in 

favor of either of the following: 

‘‘(i) A public entity that has provided or will 

provide assistance in response to a major disaster as determined by the President under the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

‘‘(ii) A private entity to secure an obligation 

to such entity for the homeowner’s share of the 

costs of the management, operation, or maintenance of property, services, or programs within 

and for the benefit of the development or community in which the veteran’s realty is located, 

if the Secretary determines that the interests of 

the veteran borrower and of the Government 

will not be prejudiced by the operation of such 

covenant. 

‘‘(B) With respect to any superior lien described in subparagraph (A) created after June 

6, 1969, the Secretary’s determination under 

clause (ii) of such subparagraph shall have been 

made prior to the recordation of the covenant.’’. 

(e) AUTOMOBILES AND OTHER CONVEYANCES

FOR CERTAIN DISABLED VETERANS AND MEMBERS

OF THE ARMED FORCES.—Section 3903(a) is 

amended— 

(1) by striking ‘‘No’’ and inserting ‘‘(1) Except 

as provided in paragraph (2), no’’; and 

(2) by adding at the end the following new 

paragraph: 

‘‘(2) The Secretary may provide or assist in 

providing an eligible person with a second automobile or other conveyance under this chapter 

if— 

‘‘(A) the Secretary receives satisfactory evidence that the automobile or other conveyance 

previously purchased with assistance under this 

chapter was destroyed— 

‘‘(i) as a result of a natural or other disaster, 

as determined by the Secretary; and 

‘‘(ii) through no fault of the eligible person; 

and 

‘‘(B) the eligible person does not otherwise receive from a property insurer compensation for 

the loss.’’. 

(f) ANNUAL REPORT.— 

(1) IN GENERAL.—Each year, the Secretary of 

Veterans Affairs shall submit to Congress a report on the assistance provided or action taken 

by the Secretary in the last fiscal year pursuant 

to the authorities added by the amendments 

made by this section. 

(2) ELEMENTS.—Each report submitted under 

paragraph (1) shall include the following for the 

fiscal year covered by the report: 

(A) A description of each natural disaster for 

which assistance was provided or action was 

taken as described in paragraph (1). 

(B) The number of cases or individuals, as the 

case may be, in which or to whom the Secretary 

provided assistance or took action as described 

in paragraph (1). 

(C) For each such case or individual, a description of the type or amount of assistance or 

action taken, as the case may be. 

(g) EFFECTIVE DATE.—The amendments made 

by this section shall take effect on the date that 

is one year after the date of the enactment of 

this Act. 

SEC. 702. EXTENSION OF CERTAIN EXPIRING PROVISIONS OF LAW. 

(a) POOL OF MORTGAGE LOANS.—Section 

3720(h)(2) is amended by striking ‘‘December 31, 

2011’’ and inserting ‘‘December 31, 2016’’. 

(b) LOAN FEES.—Section 3729(b)(2) is amended— 


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(1) in subparagraph (A)— 

(A) in clause (iii), by striking ‘‘October 1, 

2016’’ and inserting ‘‘October 1, 2017’’; and 

(B) in clause (iv), by striking ‘‘October 1, 

2016’’ and inserting ‘‘October 1, 2017’’; 

(2) in subparagraph (B)— 

(A) in clause (i), by striking ‘‘October 1, 2016’’ 

and inserting ‘‘October 1, 2017’’; and 

(B) in clause (ii), by striking ‘‘October 1, 2016’’ 

and inserting ‘‘October 1, 2017’’; 

(3) in subparagraph (C)— 

(A) in clause (i), by striking ‘‘October 1, 2016’’ 

and inserting ‘‘October 1, 2017’’; and 

(B) in clause (ii), by striking ‘‘October 1, 2016’’ 

and inserting ‘‘October 1, 2017’’; and 

(4) in subparagraph (D)— 

(A) in clause (i), by striking ‘‘October 1, 2016’’ 

and inserting ‘‘October 1, 2017’’; and 

(B) in clause (ii), by striking ‘‘October 1, 2016’’ 

and inserting ‘‘October 1, 2017’’. 

(c) TEMPORARY ADJUSTMENT OF MAXIMUM

HOME LOAN GUARANTY AMOUNT.—Section 501 of 

the Veterans’ Benefits Improvement Act of 2008 

(Public Law 110–389; 122 Stat. 4175; 38 U.S.C. 

3703 note) is amended by striking ‘‘December 31, 

2011’’ and inserting ‘‘December 31, 2014’’. 

SEC. 703. REQUIREMENT FOR PLAN FOR REGULAR ASSESSMENT OF EMPLOYEES 

OF VETERANS BENEFITS ADMINISTRATION WHO HANDLE PROCESSING 

OF CLAIMS FOR COMPENSATION 

AND PENSION. 

Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Veterans 

Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee 

on Veterans’ Affairs of the House of Representatives a plan that describes how the Secretary 

will— 

(1) regularly assess the skills and competencies of appropriate employees and managers of the Veterans Benefits Administration 

who are responsible for processing claims for 

compensation and pension benefits administered 

by the Secretary; 

(2) provide training to those employees whose 

skills and competencies are assessed as unsatisfactory by the regular assessment described in 

paragraph (1), to remediate deficiencies in such 

skills and competencies; 

(3) reassess the skills and competencies of employees who receive training as described in 

paragraph (2); and 

(4) take appropriate personnel action if, following training and reassessment as described 

in paragraphs (2) and (3), respectively, skills 

and competencies remain unsatisfactory. 

SEC. 704. MODIFICATION OF PROVISION RELATING TO REIMBURSEMENT RATE FOR 

AMBULANCE SERVICES. 

Section 111(b)(3)(C) is amended by striking 

‘‘under subparagraph (B)’’ and inserting ‘‘to or 

from a Department facility’’. 

SEC. 705. CHANGE IN COLLECTION AND 

VERIFICATION OF VETERAN INCOME. 

Section 1722(f)(1) is amended by striking ‘‘the 

previous year’’ and inserting ‘‘the most recent 

year for which information is available’’. 

SEC. 706. DEPARTMENT OF VETERANS AFFAIRS 

ENFORCEMENT PENALTIES FOR MISREPRESENTATION OF A BUSINESS 

CONCERN AS A SMALL BUSINESS 

CONCERN OWNED AND CONTROLLED 

BY VETERANS OR AS A SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY SERVICE-DISABLED 

VETERANS. 

Subsection (g) of section 8127 is amended— 

(1) by striking ‘‘Any business’’ and inserting 

‘‘(1) Any business’’; 

(2) in paragraph (1), as so designated— 

(A) by inserting ‘‘willfully and intentionally’’ 

before ‘‘misrepresented’’; and 

(B) by striking ‘‘a reasonable period of time, 

as determined by the Secretary’’ and inserting 

‘‘a period of not less than five years’’; and 

(3) by adding at the end the following new 

paragraphs: 

‘‘(2) In the case of a debarment under paragraph (1), the Secretary shall commence debarment action against the business concern by not 

later than 30 days after determining that the 

concern willfully and intentionally misrepresented the status of the concern as described in 

paragraph (1) and shall complete debarment actions against such concern by not later than 90 

days after such determination. 

‘‘(3) The debarment of a business concern 

under paragraph (1) includes the debarment of 

all principals in the business concern for a period of not less than five years.’’. 

SEC. 707. QUARTERLY REPORTS TO CONGRESS 

ON CONFERENCES SPONSORED BY 

THE DEPARTMENT. 

(a) IN GENERAL.—Subchapter I of chapter 5 is 

amended by adding at the end the following 

new section: 

‘‘§ 517. Quarterly reports to Congress on conferences sponsored by the Department 

‘‘(a) QUARTERLY REPORTS REQUIRED.—Not 

later than 30 days after the end of each fiscal 

quarter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and 

the Committee on Veterans’ Affairs of the House 

of Representatives a report on covered conferences. 

‘‘(b) MATTERS INCLUDED.—Each report under 

subsection (a) shall include the following: 

‘‘(1) An accounting of the final costs to the 

Department of each covered conference occurring during the fiscal quarter preceding the date 

on which the report is submitted, including the 

costs related to— 

‘‘(A) transportation and parking; 

‘‘(B) per diem payments; 

‘‘(C) lodging; 

‘‘(D) rental of halls, auditoriums, or other 

spaces; 

‘‘(E) rental of equipment; 

‘‘(F) refreshments; 

‘‘(G) entertainment; 

‘‘(H) contractors; and 

‘‘(I) brochures or other printed media. 

‘‘(2) The total estimated costs to the Department for covered conferences occurring during 

the fiscal quarter in which the report is submitted. 

‘‘(c) COVERED CONFERENCE DEFINED.—In this 

section, the term ‘covered conference’ means a 

conference, meeting, or other similar forum that 

is sponsored or co-sponsored by the Department 

and is— 

‘‘(1) attended by 50 or more individuals, including one or more employees of the Department; or 

‘‘(2) estimated to cost the Department at least 

$20,000.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding after the item relating to section 

516 the following: 

‘‘517. Quarterly reports to Congress on conferences sponsored by the Department.’’. 

(c) EFFECTIVE DATE.—Section 517 of title 38, 

United States Code, as added by subsection (a), 

shall take effect on October 1, 2012, and shall 

apply with respect to the first quarter of fiscal 

year 2013 and each quarter thereafter. 

SEC. 708. PUBLICATION OF DATA ON EMPLOYMENT OF CERTAIN VETERANS BY 

FEDERAL CONTRACTORS. 

Section 4212(d) is amended by adding at the 

end the following new paragraph: 

‘‘(3) The Secretary of Labor shall establish 

and maintain an Internet website on which the 

Secretary of Labor shall publicly disclose the information reported to the Secretary of Labor by 

contractors under paragraph (1).’’. 

SEC. 709. VETSTAR AWARD PROGRAM. 

(a) IN GENERAL.—Section 532 is amended— 

(1) by striking ‘‘The Secretary may’’ and inserting ‘‘ (a) ADVERTISING IN NATIONAL

MEDIA.—The Secretary may’’; and 

(2) by adding at the end the following new 

subsection: 

‘‘(b) VETSTAR AWARD PROGRAM.—(1) The Secretary shall establish an award program, to be 

known as the ‘VetStar Award Program’, to recognize annually businesses for their contributions to veterans’ employment. 

‘‘(2) The Secretary shall establish a process 

for the administration of the award program, including criteria for— 

‘‘(A) categories and sectors of businesses eligible for recognition each year; and 

‘‘(B) objective measures to be used in selecting 

businesses to receive the award.’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such 

section is amended by adding at the end the following: ‘‘; VetStar Award Program’’. 

(2) TABLE OF SECTIONS.—The table of sections 

at the beginning of chapter 5 is amended by 

striking the item relating to section 532 and inserting the following new item: 

‘‘532. Authority to advertise in national 

media; VetStar Award Program.’’. 

SEC. 710. EXTENDED PERIOD OF PROTECTIONS 

FOR MEMBERS OF UNIFORMED 

SERVICES RELATING TO MORTGAGES, MORTGAGE FORECLOSURE, 

AND EVICTION. 

(a) STAY OF PROCEEDINGS AND PERIOD OF ADJUSTMENT OF OBLIGATIONS RELATING TO REAL

OR PERSONAL PROPERTY.—Section 303(b) of the 

Servicemembers Civil Relief Act (50 U.S.C. App. 

533(b)) is amended by striking ‘‘within 9 

months’’ and inserting ‘‘within one year’’. 

(b) PERIOD OF RELIEF FROM SALE, FORECLOSURE, OR SEIZURE.—Section 303(c) of such 

Act (50 U.S.C. App. 533(c)) is amended by striking ‘‘within 9 months’’ and inserting ‘‘within 

one year’’. 

(c) EFFECTIVE DATE.—The amendments made 

by subsections (a) and (b) shall take effect on 

the date that is 180 days after the date of the 

enactment of this Act. 

(d) EXTENSION OF SUNSET.— 

(1) IN GENERAL.—The amendments made by 

subsections (a) and (b) shall expire on December 

31, 2014. 

(2) CONFORMING AMENDMENT.—Subsection (c) 

of section 2203 of the Housing and Economic Recovery Act of 2008 (Public Law 110–289; 50 

U.S.C. App. 533 note) is amended to read as follows: 

‘‘(c) EFFECTIVE DATE.—The amendments made 

by subsection (a) shall take effect on the date of 

the enactment of this Act.’’. 

(3) REVIVAL.—Effective January 1, 2015, the 

provisions of subsections (b) and (c) of section 

303 of the Servicemembers Civil Relief Act (50 

U.S.C. App. 533), as in effect on July 29, 2008, 

are hereby revived. 

(e) REPORT.— 

(1) IN GENERAL.—Not later than 540 days after 

the date of the enactment of this Act, the Comptroller General of the United States shall submit 

to Congress a report on the protections provided 

under section 303 of such Act (50 U.S.C. App 

533) during the five-year period ending on the 

date of the enactment of this Act. 

(2) ELEMENTS.—The report required by paragraph (1) shall include, for the period described 

in such paragraph, the following: 

(A) An assessment of the effects of such section on the long-term financial well-being of 

servicemembers and their families. 

(B) The number of servicemembers who faced 

foreclosure during a 90-day period, 270-day period, or 365-day period beginning on the date on 

which the servicemembers completed a period of 

military service. 

(C) The number of servicemembers who applied for a stay or adjustment under subsection 

(b) of such section. 

(D) A description and assessment of the effect 

of applying for a stay or adjustment under such 

subsection on the financial well-being of the 

servicemembers who applied for such a stay or 

adjustment. 

(E) An assessment of the Secretary of Defense’s partnerships with public and private sector entities and recommendations on how the 

Secretary should modify such partnerships to 


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improve financial education and counseling for 

servicemembers in order to assist them in achieving long-term financial stability. 

(3) PERIOD OF MILITARY SERVICE AND SERVICEMEMBER DEFINED.—In this subsection, the terms 

‘‘period of military service’’ and ‘‘servicemember’’ have the meanings given such terms in section 101 of such Act (50 U.S.C. App. 511). 

Amend the title so as to read: ‘‘An 

Act A bill to amend title 38, United 

States Code, to furnish hospital care 

and medical services to veterans who 

were stationed at Camp Lejeune, North 

Carolina, while the water was contaminated at Camp Lejeune, to improve the 

provision of housing assistance to veterans and their families, and for other 

purposes.’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Florida (Mr. MILLER) and the gentleman from Maine (Mr. MICHAUD) each 

will control 20 minutes. 

The Chair recognizes the gentleman 

from Florida. 

Mr. MILLER of Florida. Mr. Speaker, 

I yield myself as much time as I might 

consume. 

GENERAL LEAVE

Mr. MILLER of Florida. Mr. Speaker, 

I ask unanimous consent that all Members would have 5 legislative days to 

revise and extend their remarks and 

add any extraneous material on the bill 

under consideration 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Florida? 

There was no objection. 

Mr. MILLER of Florida. As the chairman of the House Committee on Veterans Affairs, I rise in support of the 

Senate amendments to H.R. 1627. This 

is a comprehensive, bipartisan, bicameral legislative package to provide 

for the needs of veterans, their families 

and survivors through improved health 

care, housing, education, and memorial 

services. 

In addition, the Senate amendments 

to H.R. 1627 would improve the accountability and transparency of the 

Department of Veterans Affairs, ensuring that VA is responsible to those it 

serves, our American veterans. 

As the title of this bill implies, this 

legislation would authorize VA health 

care services for veterans and their 

families for certain illnesses that 

manifested as a result of exposure to 

water contamination at Camp Lejeune, 

North Carolina, during a 30-year span 

that ended in 1987. 

I want to specifically acknowledge 

the efforts of retired Marine Master 

Sergeant Jerry Ensminger, whose dogged efforts to seek answers from the 

government and justice for the victims 

of the water contamination inspired 

this bill. In honor of Jerry’s daughter, 

Janey, who died of leukemia at the age 

of 9 after time spent at Camp Lejeune 

when the water was contaminated, 

title I of this bill bears her name. 

Finally, I thank Representative BRAD

MILLER and Senator RICHARD BURR, the 

original sponsors of the Camp Lejeune 

legislation in the House and the Senate, for their leadership. And although 

this legislation represents a hardfought victory, we must not forget 

those who are no longer with us to see 

it become law. 

I think when Senator BURR said this, 

he said it best: 

Unfortunately, many who were exposed 

have died as a result and are not here to receive the care this bill can provide. While I 

wish we could have accomplished this years 

ago, we now have the opportunity to do the 

right thing for thousands who were harmed 

during their service to our country. 

And I couldn’t agree more. 

In addition to the veterans of Camp 

Lejeune, section 106 of this bill contains legislation the chairwoman of the 

Subcommittee on Health, Ms. 

BUERKLE, introduced, H.R. 2074, the 

Veterans Sexual Assault Prevention 

Act. The section and her bill, which 

passed the House last year, would address the serious failure of the Department of Veterans Affairs to prevent 

and report sexual assault incidents and 

corresponding flaws in the security of 

their facilities. It creates a fundamentally safer environment for our veterans and VA employees by requiring 

an accountable and comprehensive 

oversight system. 

I want to express my personal appreciation to Ms. BUERKLE for her advocacy on behalf of women and all of our 

veterans. In just 2 short years, she has 

proven herself to be a committed and 

strong voice for servicemembers and 

veterans, not only in the State of New 

York, but across this country. 

Her considerable expertise as a nurse, 

a lawyer, and a mother of six was the 

reason I chose her to be the chairwoman of the Subcommittee on 

Health, and I can tell you that in the 

roll that she has played, she has never 

wavered from doing what is right for 

all of our veterans. 

The bill also includes several worthy 

legislative proposals to improve health 

care services brought forth from our 

Members on both sides of the aisle and 

in both Chambers, the House and in the 

Senate. 

This bill also addresses several other 

areas where we will be able to expand 

and improve health care for veterans. 

It would allow for greater flexibility in 

VA payments to State veterans homes, 

break down barriers to care for veterans with traumatic brain injury, 

clarify the access rights of service dogs 

on VA property, and improve care for 

rural elderly and homeless veterans. 

This bill also addresses several important matters related to veterans’ 

housing. Because many of our returning wounded warriors need assistance 

modifying their residences to meet 

their needs, this bill would reauthorize 

and expand several provisions relating 

to the Specially Adapted Housing 

Grant Program. 

These grants provide funding to eligible disabled veterans and servicemembers who adapt homes that they own or 

homes that they are currently living in 

to meet their daily needs. Adaptations 

can include grab bars in bathrooms, 

widening doorways for wheelchairs, or 

constructing a wheelchair ramp. These 

grants are imperative to affording veterans the level of independent living 

that they were accustomed to prior to 

their injury and that they may not be 

able to otherwise enjoy. 

As many of us are aware, far too 

many of our veterans have found themselves on hard times and are homeless 

or are at risk for homelessness. To 

combat this problem, this bill would 

authorize funding for additional housing options for homeless veterans to 

help them gain stability and obtain access to other treatment and services 

that they may need from VA. 

The next area of the bill would be in 

addressing education. We all know that 

we have provided a very generous benefit to the veterans in the post-9/11 GI 

Bill. The problem is that we have never 

really tracked the performance of the 

bill or if the benefits are effective in 

training veterans to be leaders of tomorrow. Therefore, this legislation 

would increase our oversight of post-9/ 

11 educational benefits by requiring annual reports to Congress on the effectiveness of these benefits and how 

they’re being utilized. 

I want to thank my friend, Congressman GUS BILIRAKIS, for introducing 

this provision in H.R. 2274 and for his 

leadership on improving transparency 

for the post-9/11 GI Bill. 

Another critical area addressed by 

this legislation is that of veteran benefits. Over the last 3 years, we’ve seen 

the disability claims backlog grow exponentially, with more than 900,000 

claims now awaiting decisions. Fifty 

percent of those have been pending for 

a period of 125 days or more. Despite 

repeated promises from VA to break 

the backlog, it continues to grow. 

Therefore, the provisions of this bill 

that address benefit matters will assist 

in processing claims more efficiently: 

First, it would allow veterans to 

automatically waive regional office review of evidence submitted directly to 

the Board of Veterans Appeals for 

claims in appellate status; 

Second, it would allow veterans in 

need of assistance with claims to have 

a signatory on their behalf assist them 

with the claims process; 

Third, it would modernize VA’s statutory duty to assist by authorizing 

electronic communications, potentially saving weeks in a claim’s processing time; 

Fourth, to alleviate the burdens of 

redundant paperwork, veterans would 

now be able to file jointly for Social 

Security and indemnity compensation; 

Finally, to promote accountability of 

individual claims processors, VA would 

be required to present a plan in 6 

months on how it will take corrective 

action when their employees need 

training to do their jobs well. 

b 1620 

I want to thank my friend Mr. RUNYAN from New Jersey, the chairman of 


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the Subcommittee on Disability Assistance and Memorial Affairs, for his 

dedication to our Nation’s veterans and 

for his focus on advancing legislation 

such as H.R. 2349, which will achieve 

measurable results in alleviating the 

backlog of claims. 

While many of these provisions that I 

have discussed thus far have focused on 

our efforts to honor our commitment 

to the brave men and women who serve 

our Nation, including those 

transitioning from the recent conflicts 

in Iraq and Afghanistan, we must also 

continue our commitment to our fallen 

heroes. Accordingly, this bill also sets 

out specific criteria that prohibit disruptions and protests of funerals of 

members of the Armed Forces at VA 

national cemeteries and at Arlington 

National Cemetery, including the imposition of criminal and civil liability 

for violations of these restrictions. 

In addition, given the sacred nature 

of Arlington National Cemetery, a 

name synonymous with honoring 

American freedom, this legislation 

would codify a prohibition on the reservation of grave sites at Arlington National Cemetery, with very limited exceptions. I worked closely with Mr. 

RUNYAN on this prohibition to ensure 

that many future generations of American heroes will be buried and honored 

at Arlington National Cemetery. I 

want to thank him again for his leadership on this issue and for originally introducing H.R. 1484. 

Similarly, I introduced the original 

measure on H.R. 1627, which would 

place restrictions on the type and 

placement of monuments at Arlington 

National Cemetery due to the fact that 

the cemetery, itself, is a monument. 

Arlington National Cemetery is a 

unique national treasure. It is for this 

reason that this legislation is necessary to ensure that the integrity of 

the cemetery is preserved both in its 

utilization of land with the placement 

of monuments and with its allocation 

of grave sites. 

Finally, this comprehensive legislative package also contains several miscellaneous provisions affecting our Nation’s veterans. Although these areas 

may not receive as much attention, 

such as health care or benefits, they 

are no less important to improving the 

lives of the veterans of this country. 

I want to thank the ranking member, 

Mr. FILNER, as well as the chairman 

and ranking member of the Senate 

Committee on Veterans’ Affairs, Senator MURRAY and Senator BURR, for 

their insight and cooperation on advancing this compromise bill today. 

I want to reiterate that this bill is 

paid for both in its mandatory and discretionary costs via offsets that have 

been used many times by this committee and that have historically been 

supported by both sides of the aisle. 

Finally, Mr. Speaker, I ask unanimous consent to insert a floor colloquy 

between me and the gentleman from 

Maine (Mr. MICHAUD). 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Florida? 

There was no objection. 

Mr. MILLER of Florida. Once again, 

I thank all of the members of the committee, as well as the staffs of the 

House and the Senate on Veterans’ Affairs, for their work on this bill, and I 

urge all Members to support the Senate 

amendments to H.R. 1627. 

With that, I reserve the balance of 

my time. 

Mr. Speaker, the Committees have prepared 

an explanation of certain provisions contained 

in the amendment to H.R. 1627, as amended, 

to reflect a Compromise Agreement between 

the Committees. Differences between the provisions contained in the Compromise Agreement and the related provisions of the House 

Bills and the Senate Bills are noted in this 

document, except for clerical corrections, conforming changes made necessary by the 

Compromise Agreement, and minor drafting, 

technical, and clarifying changes. This Explanatory Statement is contained in the CONGRESSIONAL RECORD of July 18, 2012. 

Mr. MICHAUD. Mr. Speaker, I yield 

myself such time as I may consume. 

I rise today in strong support of H.R. 

1627, as amended, the Honoring America’s Veterans and Caring for Camp 

Lejeune Families Act of 2012. This bill 

represents the hard work of both 

Chambers and of both sides of the aisle. 

I want to thank Chairman MILLER

and Ranking Member FILNER, as well 

as Senator MURRAY and Senator BURR

and all of my colleagues on the Veterans’ Affairs Committees in both 

Chambers, for all of the work that 

went into crafting this legislation. 

This bill provides health care benefits to veterans and family members 

who have suffered illnesses due to exposure to harmful chemicals through 

drinking contaminated water while 

stationed at Camp Lejeune, North 

Carolina. 

This bill also provides important improvements to enable the VA to better 

care for veterans living in rural areas. 

These veterans constitute 40 percent of 

the veterans who seek care at VA. 

These improvements include: waiving 

the collections of copayments for veterans who use telehealth or telemedicine services; authorizing VA to pay 

travel benefits to veterans seeking care 

at vet centers; requiring VA to establish and operate Centers of Excellence 

for rural health research, education, 

and clinical activities; finally, requiring VA to create a system for the consultation and assessment of mental 

health, traumatic brain injury, and 

other conditions through teleconsultation. 

A provision I am particularly proud 

of will improve the care provided to 

our elderly veterans and to those who 

are 70-percent disabled or higher in our 

State veterans’ nursing homes. 

This bill makes improvements in the 

area of veterans’ benefits and the 

claims process. One such improvement, 

a provision based on a measure introduced by Ranking Member FILNER, enables a veteran or a family member, on 

an appeal, to waive the current requirement that new evidence be first 

considered by the VA. This provision 

would enable the Board of Veterans’ 

Appeals to review evidence submitted 

directly to it instead of waiting for a 

redecision at the agency level. 

This bill includes important housing 

provisions as well. One provision would 

help veterans with vision impairments 

and veterans residing temporarily in 

housing owned by a family member by 

aligning VA’s definition of ‘‘blindness’’ 

with the definition of ‘‘blindness’’ 

under existing Federal laws. 

This bill provides that the amount 

made available to veterans who receive 

a temporary residence adaptation 

grant is not counted against the maximum allowable under the Specially 

Adapted Housing program. Also, this 

bill makes permanent the authority of 

VA to guarantee adjustable rate and 

hybrid rate mortgages. 

Mr. Speaker, I have only highlighted 

a few of the important parts of this bill 

that were found in H.R. 1627, as amended. I would encourage my colleagues on 

both sides of the aisle to support this 

very important veterans’ measure. 

I reserve the balance of my time. 

Mr. MILLER of Florida. Mr. Speaker, 

I am happy to yield such time as she 

may consume to the chairwoman of the 

Subcommittee on Health, the gentlewoman from New York (Ms. BUERKLE). 

Ms. BUERKLE. I rise in support of 

the Senate amendments to H.R. 1627, 

the Honoring American Veterans and 

Caring for Camp Lejeune Families Act 

of 2012. 

Included in this bill are provisions 

that reflect the oversight work of the 

Subcommittee on Health, which I am 

honored to chair. Central to the health 

care portion of this legislation is section 106, which would require the Department of Veterans Affairs to develop and implement a comprehensive 

policy on the prevention, monitoring, 

reporting, and tracking of sexual assaults and other safety incidents that 

occur at VA medical facilities. 

This provision was originally passed 

in the House last year in H.R. 2074, as 

amended, the Veterans Sexual Assault 

Prevention Act. I introduced this 

measure last year in response to a disturbing GAO report, which found that 

between 2007 and 2010 some 284 instances of alleged sexual assault occurred in VA medical facilities around 

the country. As a former registered 

nurse and domestic violence counselor, 

I am all too familiar with the corrosive 

and harmful effects sexual and physical 

violence can have in the lives of its victims. Abusive behavior, like the kind 

documented by the GAO, is unacceptable. For it to be found in what should 

be an environment of healing for our 

honored veterans is simply unforgivable. 

This bill would establish and enforce 

critically important actions to correct 

the serious safety vulnerabilities, security problems, and oversight failures 


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by VA leadership that threaten the 

safety of veterans who seek care 

through the Department and of the 

hardworking employees who provide 

that care. I am confident that the comprehensive requirements mandated in 

this bill will resolve the deficiencies 

the GAO uncovered and ensure that the 

VA health care system is a safe and secure place for our veterans and their 

families to seek care. 

I have been working furiously since 

last October, when this provision first 

passed the House, to get it through the 

Senate and signed into law by the 

President. I am very pleased and relieved that the day has finally come— 

and not a moment too soon—for those 

who need it. However, my oversight 

does not stop at the President’s desk. 

With this statement, I am putting the 

VA on notice that I will remain vigilant in ensuring that the legislation is 

implemented swiftly, as intended, to 

protect veterans and employees at VA 

medical facilities. 

Also included in this bill, Mr. Speaker, is a measure that would allow for 

greater flexibility in establishing rates 

for reimbursements to State homes for 

nursing home care that is provided to 

certain service-connected veterans. 

This proposal was also included in H.R. 

2074. 

b 1630 

I want to thank the gentleman from 

Maine and ranking member of the Subcommittee on Health for his very hard 

work in introducing this provision and 

the manner in which he continues to 

embody a true bipartisan spirit to advance legislation for the benefit of our 

veterans, as well as their families. Additionally, the bill includes a measure 

to expand the ability of worthy nonprofit entities to obtain grants to provide services for homeless veterans. 

Our colleague from the State of 

Washington, DAVE REICHERT, has been 

a strong advocate for establishing 

these important enhancements. I am 

pleased that this provision he introduced is included in the bill. I’m 

pleased that this provision for which he 

has been a strong advocate has been included. There are so many other important provisions, including improving 

rehabilitative care to veterans with 

traumatic brain injury, waiving the 

collection of co-payments for telehealth and telemedicine, establishing 

an initiative to expand beneficiary 

travel reimbursements to veterans, 

clarifying the access rights of service 

dogs on VA property and VA facilities, 

and providing medical care for certain 

veterans and their families who were 

exposed to contaminated water at 

Camp Lejeune. 

It has been an honor for me, Mr. 

Speaker, to work with my colleagues 

in the House and the Senate on this 

legislation. In particular, I am grateful 

for the hard work, as well as the leadership, of our chairman, Mr. MILLER of 

Florida. 

Mr. Speaker, I urge all of my colleagues to join me in supporting this 

legislation. 

Mr. MICHAUD. Mr. Speaker, at this 

time I yield 5 minutes to the gentleman from Michigan (Mr. DINGELL). 

(Mr. DINGELL asked and was given 

permission to revise and extend his remarks.) 

Mr. DINGELL. Mr. Speaker, I am delighted that we are finally addressing 

the problem before the House, and I 

rise in strong support of H.R. 1627, the 

Honoring America’s Veterans and Caring for Camp Lejeune Families Act. 

This is long overdue. 

The most noteworthy thing we can 

observe about the behavior of the military leadership is they have been uncooperative and have been most diligent 

in obfuscating the problem and seeing 

to it that the matter has been unduly 

dawdled over while our military personnel were both put at risk and placed 

in a position where their families also 

shared that risk and hazard. I want to 

thank Chairman MILLER, Ranking 

Member FILNER, the gentleman from 

North Carolina, Mr. MILLER, and my 

dear friend, Mr. MICHAUD, for the 

things that they have done to see to it 

that finally justice is being done. 

The victims of the Camp Lejeune 

contamination disaster have waited 

too long for justice for themselves and 

for their families. The passage of this 

legislation today is an important first 

step in moving forward and providing 

for the victims of what has been a long 

and ongoing tragedy. It is also evidence 

that there is still a great need for us to 

see to it that the military cooperates 

in these kinds of investigations and see 

to it that the military goes beyond 

that and that they conduct a cleanup 

of the military facilities where we send 

our military personnel and their families. 

In 2004, I conducted a series of investigations into this and other contamination problems as the ranking member of the House Committee on Energy 

and Commerce. After meeting with the 

Marine Corps personnel and Master 

Sergeant Jerry Ensminger, whose 

daughter died of a rare form of leukemia at the age of 9, I must confess 

that I can come to no conclusion other 

than that that was caused by where her 

father had been serving and the fact 

that the military had not been diligent 

in cleaning up its messes. 

These investigations revealed a great 

coverup and much foot dragging and 

obfuscation on the part of the Department of the Navy to properly deal with 

the consequences of the contamination. 

They also showed other failures by the 

Department of Defense in other places, 

including installations in far distant 

points of service like Japan. 

With the passage of this bill, veterans of Camp Lejeune and their families who also served there are going to 

receive some measure of justice and 

help in addressing the problems they 

have because of where they were compelled to serve and because of lack of 

diligence on the part of the military to 

see that they were properly cared for. 

They will now be eligible, if they 

served between 1957 and 1987, to receive 

VA health benefits for illnesses connected with that contamination. 

While the passage of this legislation 

is a success, we all know there’s much 

more to be done. The veterans deserve 

the presumptions of the service connection in the bill to ensure that they receive important benefits to which they 

are due. That is simply a proper concern for our veterans and for their safety. They and their families should not 

be put at unnecessary risk by places 

that they serve solely by reason of the 

fact that they serve at a particular 

place and because of slothful, improper 

behavior by the Department of Defense 

higher-ups and because of coverups in 

which they did not cooperate in seeing 

to the proper safeguards of our Federal 

employees there and our military personnel who were serving there involuntarily as a part of their superb contribution to the safety of this Nation. 

The fight continues, and I’m hopeful 

that we can continue to bring justice 

to the victims of Camp Lejeune, and to 

see to it that others of our military are 

not put at risk because of slothful, improper, and dilatory behavior by the 

Department of Defense. 

I ask my colleagues here to understand our duty in seeing to it that the 

families of our military and our military personnel are not put at risk by 

where they serve or by indifferent and 

careless behavior of their government. 

The government has a duty not just to 

see to it that our military personnel 

are made whole, but they do have the 

duty to see to it that our military 

bases and military service are not put 

at risk by actions which make the 

points of service of our military unnecessarily risky because of contamination in the places where our military 

and their families live and work. 

Here we have another high duty, and 

that is to see to it that the military 

personnel are kept safe with their families at their side as they serve in the 

military bases. 

The Military leadership must recognize their 

responsibility not to put our soldiers, sailors 

and airmen at risk by reason of the places 

they serve. They confront enough risk from 

their duty, without careless and indifferent behavior of their superiors, who first disregard 

safety of the facilities, and then expand the 

risk by reason of cover ups and obfuscation of 

the facts and the need to clean up messes unnecessarily caused and improperly denied. 

Mr. MILLER of Florida. Mr. Speaker, 

how much time is remaining? 

The SPEAKER pro tempore. The gentleman from Florida has 5 minutes remaining, and the gentleman from 

Maine has 111⁄2 minutes remaining. 

Mr. MILLER of Florida. Mr. Speaker, 

I am happy to yield 2 minutes to the 

chairman of the Subcommittee on Economic Opportunity, Mr. STUTZMAN, 

from the great State of Indiana. 

Mr. STUTZMAN. Mr. Speaker, I 

thank the chairman for yielding and 


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for his leadership on the Veterans’ Affairs Committee. 

I rise in strong support for the Senate amendments to H.R. 1627. The bill 

is a product of many months of bipartisan work to improve the lives of our 

veterans and their families. 

I’m very proud of sections 706 and 707, 

which contained provisions I introduced in H.R. 1657 and H.R. 2302 respectively. Section 706 would tighten the 

process to debar firms that willfully 

and intentionally misrepresent themselves as veteran or service-disabled 

veteran-owned small businesses by 

stipulating a 5-year debarment period 

from contracting with the VA for the 

company and its principals. Section 706 

would also require VA to complete the 

debarment no later than 90 days after 

such finding. 

Mr. Speaker, section 707 of the underlying bill would require VA to provide 

a quarterly report to Congress on the 

cost of the Department’s conferences. 

Every year, VA spends millions of dollars on conferences. While I understand 

the need for such meetings, recent history is sufficient to demand an accounting so Congress can provide proper oversight of such spending. Section 

707 would require VA to report on conferences costing $20,000 or more or on 

conferences attended by 50 or more 

people, including at least one VA employee. It would also require VA to estimate the cost of conferences to be 

held during the quarter in which the 

report is provided. 

In closing, Mr. Speaker, for our veterans and their families, I urge my colleagues to support the Senate amendments to H.R. 1627. 

b 1640 

Mr. MICHAUD. Mr. Speaker, at this 

time, I yield 2 minutes to the gentleman from North Carolina (Mr. MILLER). 

Mr. MILLER of North Carolina. Mr. 

Speaker, the Department of the Navy 

has known for 30 years that the drinking water at Camp Lejeune was contaminated. They’ve known for 20 years 

exactly what chemicals were in the 

water. The science may have been slow 

to develop on the effects of exposure to 

those chemicals, but they knew better 

than to say there was nothing to worry 

about, which is what they did. 

The Navy concealed information 

from Marines and their families who 

drank the water, cooked with it, and 

bathed in it. They withheld information from the Centers for Disease Control and from Congress. And they have 

shamefully failed to take responsibility for the contaminated water. 

Senator BURR and I introduced companion bills 2 years ago to provide 

treatment for certain diseases associated with exposure to the water. That 

legislation, the Janey Ensminger Act, 

is title I of this bill. Justice requires at 

least the benefits the Janey Ensminger 

Act provides. 

I thank Chairman MILLER and the 

Veterans’ Affairs Committee for bringing this bill to the floor. 

Mr. MILLER of Florida. If I might inquire how many further requests for 

time the gentleman from Maine (Mr. 

MICHAUD) has. 

Mr. MICHAUD. I have one further request for time, and then I am prepared 

to close. 

Mr. MILLER of Florida. I will reserve 

the balance of my time at this point. 

Mr. MICHAUD. Mr. Speaker, at this 

time, I yield 2 minutes to the gentlewoman from New York (Mrs. MALONEY). 

Mrs. MALONEY. I thank the gentleman for yielding and for his hard 

work on this bill and in so many other 

areas in our Congress, not just for veterans and the military, but in a large 

array of areas, from health to national 

security, where he has been a leader. 

I rise in strong support today of H.R. 

1627, as amended, the Honoring America’s Veterans and Caring for Camp 

Lejeune Families Act of 2012. This represents the hard work of both sides of 

the aisle. I thank Chairman MILLER, 

Ranking Member FILNER, as well as the 

gentleman from Maine (Mr. MICHAUD) 

and Representative MILLER from North 

Carolina on our side who have been 

leaders on this issue. 

I am particularly proud to rise in 

support of this legislation to finally 

give medical coverage and justice to 

those military families previously stationed at Camp Lejeune where, for 

three decades—three decades—thousands of Marines and their families 

consumed water contaminated with 

toxic chemicals that likely led to very 

serious illnesses. 

Because of travesties like this, I authored an amendment to the 2012 Defense authorization bill prohibiting the 

secrecy of information about water 

contamination on our military bases. I 

asked Secretary Panetta for transparency to help strike the necessary 

balance between safeguarding our national interests and preventing another 

Camp Lejeune scandal from happening 

that endangers the health of our military families here on the soil of our 

country. 

I strongly support this bill because 

this is a big step in making sure that 

our veterans are continuously cared for 

throughout their deployment and 

thereafter here at home and are not 

put at risk for their health. 

The SPEAKER pro tempore. With respect to the gentleman’s earlier request to enter a colloquy that was 

granted earlier, the Chair would clarify 

that a colloquy may not be inserted 

into the RECORD but that two statements may be inserted independently 

under general leave. 

Mr. MILLER of Florida. Mr. Speaker, 

I have one other speaker that had a 

late train that I was trying to wait on, 

but apparently he is not going to be 

able to make it. So I am prepared to 

close after Mr. MICHAUD closes. 

Mr. MICHAUD. Mr. Speaker, I am 

particularly pleased with this package 

because it also includes legislation 

that I have been working on for well 

over 2 years that will ensure that our 

severely disabled and elderly veterans 

are able to get the care they need. Specifically, my bill requires the VA to 

enter into contracts or provider agreements with State Veterans Nursing 

Homes in order to get the reimbursement that they adequately need to 

take care of our veterans. 

Without this legislation, State Veterans Homes will not get reimbursed 

properly for the services they provide 

for our veterans. According to data 

from the National Association of State 

Veterans Homes, the average rate for 

care is roughly $359 per veteran per 

day, while VA only reimburses the 

homes $235 per day. This difference of 

$124 per day amounts to over $45,000 per 

year for each covered veteran. And 

with approximately 25,000 beds nationwide, the financial burden on State 

Veterans Homes could become crippling. 

Passing this legislation into law will 

ensure that our State Veterans Homes 

are paid adequately for the services 

they provide and can continue to serve 

our veterans that are in need of those 

services. 

I want to thank Chairman MILLER

and Ranking Member FILNER for their 

support of this bill and for working to 

bring this legislation to the floor. Our 

veterans will be better off as a result. 

I also would like to thank Chairwoman BUERKLE for her efforts as well, 

working in a bipartisan manner, and 

staff on both the majority and minority sides for bringing this bill forward, 

Mr. Speaker, I have a question for 

Mr. MILLER. He had mentioned earlier 

about a colloquy. If those colloquies 

are entered separately, will that be 

made a part of the RECORD? 

The SPEAKER pro tempore. The gentleman is correct. 

Mr. MILLER of Florida. Mr. Speaker, 

if we could go ahead and do the colloquy at this time, that way we’ll 

make sure it’s in the RECORD. 

Mr. MICHAUD. Mr. Speaker, I would 

like to ask my colleague about section 

102 of the bill. That provides medical 

care for certain medical conditions for 

veterans and their families who lived 

at Camp Lejeune from 1957 through 

1987. 

There is one provision applicable to 

family members where VA would reimburse family members for health care 

services provided under this section 

but only after they exhaust reasonably 

available alternative reimbursements. 

I want to ensure that this language is 

not read to mean that family members 

must actually file suit under the Federal Tort Claims Act or even come to 

end of litigation under a suit filed 

under the Federal Tort Claims Act to 

ensure the medical care offered by this 

provision. Can my colleague confirm 

this? 

Mr. MILLER of Florida. I thank the 

gentleman for the question. It allows 

me to reassure those veterans and family members in the strongest terms 

possible that this language, which does 


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H5432 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

appear in section 1787(b)(3) of title 38 of 

the U.S. Code, absolutely does not— 

does not—require that any suit be filed 

under the Federal Tort Claims Act in 

order to secure this medical care as 

long as they meet the other requirements of the bill. 

As you have noticed, that provision 

only requires exhaustion of ‘‘reasonably available’’ remedies. In the legislation, we are explicit that we want 

this care to be provided for family 

members even though at the present 

time, there is insufficient medical evidence to conclude that the illnesses or 

conditions listed in the bill are attributable to those exposures. 

For this and other reasons surrounding litigation under the Federal 

Tort Claims Act, such an FTCA remedy 

can’t be considered to be ‘‘reasonably 

available.’’ To require exhaustion 

under the Federal Tort Claims Act 

would go completely against the intent 

of this piece of legislation to make this 

medical care available to these family 

members for these conditions so long 

as VA is considered the final payer as 

far as other third-party health plans. 

Mr. MICHAUD. I thank the gentleman. 

Mr. Speaker, with that, I have no further requests for time, and I yield back 

the balance of my time. 

b 1650 

Mr. MILLER of Florida. Mr. Speaker, 

I once again encourage all Members to 

support the Senate amendments to 

H.R. 1627, and I yield back the balance 

of my time. 

Mr. RUNYAN. Mr. Speaker, I rise in support 

of H.R. 1627, as amended, ‘‘The Honoring of 

America’s Veterans and Caring for Camp 

Lejeune Families Act of 2012.’’ 

There are several components to this legislation, and they are all aimed toward improving veterans’ lives after their selfless sacrifice 

to our nation. 

I would like to draw attention to the provisions that ensure the Veterans’ benefits process is more efficient, accountable, and fair for 

all Veterans and their families. 

Section 703 of H.R. 1627 addresses the 

minimalist approach the VA has adopted in 

complying with its employee skills certification 

mandate. 

This provision would address disparities in 

experience and training, while facilitating the 

individual accountability of employees. 

The VA would conduct testing procedures 

that indicate basic competency of all claims 

processors and managers. 

Test results indicating less than satisfactory 

scores on the exam would necessitate an individualized remediation program to aid them in 

improving their areas of deficiency. 

Repeated failure after remediation would require the VA to take necessary personnel actions. 

Additionally, Section 504 implements the 

use of electronic communication within the VA 

in providing notices of responsibility to claimants. 

It also removes administrative provisions 

which have slowed down the processing of 

Veteran’s disability claims. 

In total, this section would increase efficiency and help modernize the VA by authorizing the most effective means available for 

communication while simultaneously removing 

administrative red tape. 

Lastly, another provision that would reduce 

the claims backlog is Section 505, which clarifies the meaning of the VA’s duty to assist 

claimants in obtaining evidence needed to 

verify a claim. 

As a result, this section establishes a clear 

and reasonable standard for private record requests as ‘‘not less than two requests.’’ 

In addition, this section will encourage 

claimants to take a proactive role in the claims 

process. 

I would like to take the remaining time to 

commend and thank the Committee for working with me in addressing the concerns affiliated with Arlington National Cemetery. 

As Chairman of the House Veterans Affairs 

Disability Assistance and Memorial Affairs 

Subcommittee, DAMA, I am very pleased that 

our Committee continues to improve the ways 

in which we honor our veterans and preserve 

Arlington National Cemetery, ANC, as the sacred final resting place for those who have 

given the ultimate sacrifice in service to our 

country. 

As a member of both the House Veterans 

Affairs and House Armed Services Committees, with a large veterans population and joint 

military installation in my home District, it has 

been an honor to join my colleagues in support of H.R. 1627, as amended, and to work 

in a bipartisan manner on behalf of veterans. 

I would like to thank each of them for their 

tireless support on behalf of our veterans—the 

heroes who protect the freedoms we all enjoy. 

I know they share my commitment to ensuring 

that we take care of our veterans and military 

servicemembers. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Florida (Mr. MILLER) that the House suspend the rules 

and concur in the Senate amendments 

to the bill, H.R. 1627. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the Senate 

amendments were concurred in. 

A motion to reconsider was laid on 

the table. 

f 

ACCEPTANCE OF RELINQUISHMENT OF RAILROAD RIGHT OF 

WAY NEAR PIKE NATIONAL FOREST, COLORADO 

Mr. LAMBORN. Mr. Speaker, I move 

to suspend the rules and pass the bill 

(H.R. 4073) to authorize the Secretary 

of Agriculture to accept the quitclaim, 

disclaimer, and relinquishment of a 

railroad right of way within and adjacent to Pike National Forest in El 

Paso County, Colorado, originally 

granted to the Mt. Manitou Park and 

Incline Railway Company pursuant to 

the Act of March 3, 1875, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 4073 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. ACCEPTANCE OF RELINQUISHMENT 

OF RAILROAD RIGHT OF WAY BY 

MANITOU AND PIKES PEAK RAILWAY 

COMPANY, COLORADO, OVER NATIONAL FOREST SYSTEM LAND. 

(a) AUTHORITY TO ACCEPT.—Notwithstanding 

the Act of March 8, 1922 (43 U.S.C. 912), the Secretary of Agriculture may accept the quitclaim, 

disclaimer, and relinquishment by the Manitou 

and Pikes Peak Railway Company, successor in 

interest to the Mt. Manitou Park and Incline 

Railway Company, of a right of way, more fully 

described in subsection (b), within and adjacent 

to Pike National Forest that was originally 

granted by the Secretary to the Mt. Manitou 

Park and Incline Railway Company pursuant to 

the authority provided by the Act of March 3, 

1875 (Chapter 152; 18 Stat. 482) for the construction of a railroad and station in El Paso County, Colorado. 

(b) RIGHT OF WAY DESCRIBED.—The railroad 

right of way referred to in subsection (a) is located in the S1⁄2 of section 6, Township 14 South, 

Range 67 West, and N1⁄2SE 1⁄4 of section 1, 

Township 14 South, Range 68 West, Sixth Principal Meridian, Colorado, and is depicted in a 

tracing filed in the United States Land Office at 

Pueblo, Colorado, file 019416, on December 24, 

1914. 

(c) LIMITED APPLICABILITY.—Nothing in this 

section shall be construed to affect the right, 

title, and interest of the Manitou and Pikes 

Peak Railway Company in land held in fee title 

by the Manitou and Pikes Peak Railway Company. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Colorado (Mr. LAMBORN) and the gentleman from the Northern Mariana Islands (Mr. SABLAN) each will control 20 

minutes. 

The Chair recognizes the gentleman 

from Colorado. 

GENERAL LEAVE

Mr. LAMBORN. Mr. Speaker, I ask 

unanimous consent that all Members 

may have 5 legislative days to revise 

and extend their remarks and include 

extraneous materials on the bill under 

consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Colorado? 

There was no objection. 

Mr. LAMBORN. I yield myself such 

time as I may consume. 

Mr. Speaker, today, I am happy to 

speak in support of my legislation, 

H.R. 4073, a bill to authorize the Secretary of Agriculture to accept the 

quitclaim, disclaimer, and relinquishment of a railroad right-of-way within 

the Pike National Forest in my district. 

Originally granted to the Mt. 

Manitou Park and Incline Railway 

Company, the Incline Trail exists 

today as the roadbed to the former Mt. 

Manitou Scenic Incline Railway, which 

was a cable car that took people up the 

eastern face of Rocky Mountain, Pikes 

Peak, at an average grade of 40 percent, with some of the steepest sections at a grade of 68 percent. Today, it 

has become a popular hike for adventure seekers in the Pikes Peak region 

and is said to be hiked nearly half a 

million times each year, although access is still considered trespassing. 

A citizens’ initiative began over 8 

years ago to encourage making access 

to this popular trail legal. Although all 


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